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ANNUAL  REPORT 

STATE  HIGHWAY 

ENGINEER 


-&^T, 


TO 


OREGON  STATE  HIGHWAY 
COMMISSION 

FOR  THE  YEAR  ENDING 
NOVEMBER  30,  1917 


HERBERT  NUNN 

STATE  HIGHWAY  ENGINEER 


ANNUAL   REPORT  OF  THE 
STATE  HIGHWAY  ENGINEER 

TO  THE 

OREGON  STATE  HIGHWAY 
COMMISSION 


FOR  THE  YEAR  ENDING 
NOVEMBER   30,    1917 


HERBERT  NUNN 

STATE  HIGHWAY  ENGINEER 


SALEM,  OREGON  : 

STATE  PRINTING  DEPARTMENT 

1918 


EXCHANGE 


REPORT  OF  STATE  HIGHWAY  ENGINEER 

To  the  Honorable  State  Highway  Commission, 

Salem,  Oregon 
Gentlemen : 

I  have  the  honor  to  submit  for  your  approval  the  yearly  report  of  1917, 
for  the  fiscal  year  ending  November  30. 

On  account  of  the  fact  that  the  organization  of  the  State  Highway 
department  was  not  completed  until  after  the  vote  was  taken  on  the 
$6,000,000.00  bond  issue,  there  remained  very  little  time  for  preliminary  and 
final  surveys  and  investigation  during  the  working  season,  and  due  to  the 
same  fact,  a  comparatively  small  amount  of  construction  was  completed. 

It  seems  that  at  this  time  a  voluminous  report  would  hardly  justify  the 
expenditure,  and  it  has  been  decided  by  the  department  that  to  submit  a 
financial  statement  and  summary  of  all  work  handled  by  this  department 
would  be  sufficient.  Any  one  desiring  a  detailed  statement  on  any 
particular  project  can  have  same  by  applying  to  this  office. 

I  wish  to  call  particularly  to  your  attention  the  large  amount  of  investi- 
gation which  has  been  demanded  by  state,  county  and  federal  post  aid 
work  Such  investigations  demand  a  reconnaissance,  preliminary  and, 
ofttimes,  final  survey  in  order  to  determine  the  route  to  be  taken,  and  in 
some  cases  where  we  have  been  refused  federal  cooperation,  the  surveys 
will  be  finally  lost  and  the  money  expended  on  them  will  have  to  come  out 
of  the  general  engineering  funds.  The  same  is  also  true  as  regards  some 
state  and  county  work  where  it  was  necessary  to  make  surveys  entirely 
through  a  district  or  county  in  order  to  get  the  best  location,  while  as  a 
matter  of  fact,  the  money  available  would  only  build  a  very  short  section 
on  such  location.  In  the  latter  two  cases,  however,  the  money  expended  for 
investigation  has  not  been  lost  and  these  surveys  will  be  available  when 
further  work  is  contemplated  within  these  districts. 

In  regard  to  general  office  costs  and  general  engineering  work,  I  would 
like  to  call  to  your  attention  the  fact  that  from  one  to  three  per  cent  prelim- 
inary expenditure  before  construction  is  started  is  legitimate,  and  in  the 
case  of  the  newly  organized  Highway  Com\mission.  with  a  very  few  work- 
ing months  ahead  of  it  after  the  money  became  available,  this  expenditure 
will  show  somewhat  greater  than  if  we  had  had  a  full  working  year 
ahead  of  us. 

I  would  like  to  call  to  your  attention  thfe  items  under  the  heading  of 
"Construction  Jobs,"  showing  that  we  have  thirty-two  jobs  actually  under 
construction,  amounting  to  a  total  of  $2,367,300.00,  and  to  the  fact  that  the 
engineering  cost  on  this  work  to  date  has  been  1.53  per  cent  on  the  esti- 
mated cost.  We  feel  that  on  account  of  the  large  amount  of  preliminary 
investigation  and  surveys  both  under  previous  administration  and  under 
our  administration  that  this  cost  is  very  fair  and  that  the  work  will  be 
completed  under  a  total  low  percentage  of  general  overhead  and  engineering. 

The  items  under  the  heading  "Construction  Jobs"  do  not  include  all  of 
the  work  which  the  State  Highway  department  has  handled  and  we  will 
call  to  your  attention  the  items  under  "Bridge  Design  and  Construction," 
showing  the  amount  of  work  designed  and  constructed  and  the  cost. 

We  also  wish  you  to  note  the  amount  of  investigation  and  actual  sur- 
veys made  for  the  different  counties  and  for  federal  post  and  forest  roads, 
wherein  estimates  have  been  made  and  where  construction  is  comtemplated 


676893 


REPORT  OF  STATE  HIGHWAY  ENGINEER 


or  is  actually  under  way.  The  general  overhead  and  engineering  cost  of 
these  items  has  been  prorated  against  the  estimated  cost  of  the  work, 
the  same  as  under  actual  state  construction,  and  we  believe,  has  been  a 
legitimate  expenditure  and  of  great  aid  to  the  counties  financially 
and  on  account  of  the  standardization  and  uniformity  of  the  proposed 
work.  On  much  of  this  preliminary  work  the  money  is  now  available  for 
actual  construction,  such  as  the  John  Day  Highway,  with  an  estimate  of 
$740,000.00,  and  in  Coos  County,  with  an  estimate  of  $360,000.00,  the  work 
is  practically  complete. 

Many  state  highway  locations  have  been  made  through  counties  at  their 
request  on  which  they  expect  to  do  grading  next  year  and  in  a  large  number 
of  these  counties  the  money  is  available  and  construction  actually  under 
way.  Curry  County  is  an  example  of  engineering  expenditure  which  makes 
little  showing  at  this  time,  as  in  order  to  find  out  where  the  small  sum  of 
$50,000.00  available  could  be  spent  to  the  best  advantage,  it  was  necessary  to 
make  the  location  entirely  across  the  county  paralleling  the  coast.  This, 
however,  has  the  advantage  of  making  a  location  which  the  county  will 
accept  as  final  and  upon  which  they  will  expend  their  funds  as  they  become 
available  in  the  next  few  years.  Some  of  the  preliminary  and  final  sur- 
veys in  the  rougher  counties  are  very  costly,  a  completed  and  staked  line 
often  costing  as  high  as  $150.00  to  $160.00  per  mile. 

Our  bridge  department  has  made  an  especially  fine  showing,  as  an 
examination  of  the  tabulated  report  will  show,  and  the  large  number  of 
counties  which  have  requested  such  design  and  supervision  show  a  con- 
fidence in  that  department  which  is  highly  pleasing  to  our  organization. 

Under  general  office  expense  it  will  be  found  that  a  very  large  amount 
of  equipment,  printing  of  specifications,  advertising,  and  the  standardizing 
of  blank  forms  has  been  charged.  The  office,  however,  is  now7  well 
equipped  with  the  necessary  adding  machines,  forms,  etc. 

It  is  to  be  remembered  that  the  summary  of  costs  in  this  report  includes 
the  entire  fiscal  year  for  the  State  Highway  department,  including  previous 
administration  work  up  until  the  time  of  the  present  organization.  It  also 
includes  considerable  county  work  handled  by  the  previous  administration, 
but  which  has  since  been  charged  against  the  present  administration,  which 
charges  would  show  in  August  of  this  year. 

We  have  every  reason  to  believe  that  the  administration  and  engineering 
expenses  will  be  decreased  this  year  as  the  preliminary  surveying,  locating 
and  investigating  crews  are  considerably  larger  than  the  actual  construc- 
tion crews,  and  now  that  construction  has  commenced,  many  of  these  crews 
are  being  dropped.  However,  provided  that  the  engineering  and  admin- 
istration expense  continue  as  heavy  as  they  have  been  during  the  past 
year,  we  could  continue  the  entire  construction  program  over  a  period  of 
five  years  and  still  remain  within  the  ten  per  cent  limit  for  administration 
and  engineering  expenses.  I  have  every  reason  to  believe,  however,  that 
this  expense  will  be  much  less  when  actual  construction  is  completed.  I 
simply  call  this  to  your  attention  because  of  the  heavy  burden  we  are  carry- 
ing in  regard  to  county  requests,  and  have  no  reason  to  believe  that  this 
work  will  consume  a  period  of  five  years. 

The  cost  of  testing  of  materials  and  inspection,  as  well  as  the  cost  of 
sending  men  into  the  different  counties  to  give  advice  and  assist  in  road 
surfacing  and  other  work  has  been  carried  against  our  general  engineering 
without  segregation  and  is  a  considerable  item,  but  is  considered  by  this 


REPORT  OF  STATE  HIGHWAY  ENGINEER 


department  as  the  most  important  end  of  our  work.  This  work  includes 
the  location  of  quarries,  gravel  pits,  advice  on  paving  mixtures  and 
testing  of  same. 

The  unusual  conditions  caused  by  the  war  have  made  it  exceedingly 
hard  to  maintain  engineering  and  construction  organizations,  and  especially 
is  this  true  where  the  state  has  had  work  in  outlying  districts.  We  believe, 
however,  that  all  things  considered,  the  actual  construction  work  in  the 
state  shows  a  very  uniform  and  comparatively  low  cost,  and  the  present 
price  of  labor  has  not  advanced  the  cost  of  work  as  much  as  was  expected 
last  year.  In  county  cooperative  work,  it  ovas  found  that  where  the 
counties  owned  equipment  and  maintained  an  organization,  it  was  ofttimes 
advisable  to  place  the  work  in  their  hands,  and  this  system  has  proven 
successful,  as  an  investigation  of  the  work  in  Lake  County,  Deschutes 
County  and  Lane  County  will  show. 

The  promptness  of  the  investigations  of  the  State  Highway  department 
and  the  fact  that  we  have  been  able  to  complete  as  much  work  under  the 
unfavorable  conditions  as  we  have,  is  due  to  the  careful  investigations  and 
prompt  decisions  made  by  the  State  Highway  Commission,  our  work  never 
having  been  delayed  at  any  time  because  of  lack  of  definite  orders.  I  also 
wish  to  thank  each  member  of  the  highway  organization  for  their  splendid 
cooperation  and  assistance  in  helping  make  our  work  a  success. 

The  cooperation  between  the  highway  department  and  the  county  judges 
and  commissioners  of  the  respective  counties  has  been  carried  on  without 
the  least  friction  and  the  cordial  relationship  that  now  exists  between  these 
departments  insures  the  success  of  our  future  state  and  county  cooperative 
construction.  In  every  instance,  this  office  has  received  the  help  of  all 
county  officials. 

Respectfully  submitted, 

HERBERT  NUNN, 

State  Highway  Engineer. 


ROAD  LAWS  OF  THE  STATE  OF  OREGON 
ENACTED  BY  THE  1917  LEGISLATURE 


CHAPTER  175 

Whereas,  the  Sixty-fourth  Congress  of  the  United  States  of  America 
passed  a  statute  which  is  now  in  force  which  is  in  the  following  language : 
"Be  It  Enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  Assembled : 

"Sec.  1.  That  the  Secretary  of  Agriculture  is  authorized  to  cooper- 
ate with  the  states,  through  their  respective  state  highway  departments, 
in  the  construction  of  rural  post  roads ;  but  no  money  apportioned  under 
this  Act  to  any  state  shall  be  expended  therein  until  its  legislature  shall 
have  assented  to  the  provisions  of  this  Act,  except  that,  until  the  final 
adjournment  of  the  first  regular  session  of  the  legislature  held  after  the 
passage  of  this  Act,  the  assent  of  the  governor  of  the  state  shall  be  suffi- 
cient. The  Secretary  of  Agriculture  and  the  State  Highway  department 
of  each  state  shall  agree  upon  the  roads  to  be  constructed  therein  and  the 
character  and  method  of  construction ;  provided,  that  all  roads  constructed 
under  the  provisions  of  this  Act  shall  be  free  from  all  tolls  of  all  kinds. 

"Sec.  2.  That  for  the  purpose  of  this  Act  the  term  'rural  post  roads' 
shall  be  construed  to  mean  any  public  road  over  which  the  United  States 
mails  now  are  or  may  hereafter  be  transported,  excluding  every  street  and 
road  in  a  place  having  a  population,  as  shown  by  the  latest  available  Fed- 
eral census,  of  two  thousand  five  hundred  or  more,  except  that  portion  of 
any  such  street  or  road  along  which  the  houses  average  more  than  two 
hundred  feet  apart;  the  term  'State  Highway  department'  shall  be  con- 
strued to  include  any  department  of  another  name,  or  commission,  or  offi- 
cial or  officials,  of  a  state  empowered,  under  its  laws,  to  exercise  the 
functions  ordinarily  exercised  by  a  State  Highway  department ;  the  term 
'construction'  shall  be  construed  to  include  reconstruction  and  improvement 
of  roads ;  'properly  maintained'  as  used  herein  shall  be  construed  to  mean 
the  making  of  needed  repairs  and  the  preservation  of  a  reasonably  smooth 
surface  considering  the  type  of  the  road ;  but  shall  not  be  held  to  include 
extraordinary  repairs,  nor  reconstruction;  necessary  bridges  and  culverts 
shall  be  deemed  parts  of  the  respective  roads  covered  by  the  provisions 
of  this  Act. 

"Sec.  3.  That  for  the  purpose  of  carrying  out  the  provisions  of  this 
Act  there  is  hereby  appropriated,  out  of  any  money  in  the  treasury  not 
otherwise  appropriated,  for  the  fiscal  year  ending  June  30,  1917,  the  sum 
of  $5,000,000.00;  for  the  fiscal  year  ending  June  30,  1918,  the  sum  of 
$10,000,000.00;  for  the  fiscal  year  ending  June  30,  1919,  the  sum  of 
$15,000,000.00 ;  for  the  fiscal  year  ending  June  30,  1920,  the  sum  of  $20,000,- 
000.00 ;  and  for  the  fiscal  year  ending  June  30,  1921,  the  sum  of  $25,000,- 
000.00.  So  much  of  the  appropriation  apportioned  to  any  state  for  any 
fiscal  year  as  remains  unexpended  at  the  close  thereof  shall  be  avail- 
able for  expenditure  in  that  state  until  the  close  of  the  succeeding  fiscal 
year,  except  that  amounts  apportioned  for  any  fiscal  year  to  any  state 
which  has  not  a  State  Highway  department  shall  be  available  for  expendi- 
ture in  that  state  until  the  close  of  the  third  fiscal  year  succeeding  the 


REPORT  OF  STATE  HIGHWAY  ENGINEER 


close  of  the  fiscal  year  for  which  such  apportionment  was  made.  Any 
amount  apportioned  under  the  provisions  of  this  Act  unexpended  at  the  end 
of  the  period  during  which  it  is  available  for  expenditure  under  the  terms 
of  this  section  shall  be  reapportioned,  within  sixty  days  thereafter,  to  all 
the  states  in  the  same  manner  and  on  the  same  basis,  and  certified  to  the 
Secretary  of  the  Treasury  and  to  the  State  Highway  departments  and  to  the 
governors  of  states  having  no  State  Highway  departments,  in  the  same  way 
as  if  it  were  being  apportioned  under  the  Act  for  the  first  time ;  provided, 
that  in  states  where  the  constitution  prohibits  the  state  from  engaging  in 
any  work  of  internal  improvements,  then  the  amount  of  the  appropriation 
under  this  Act  apportioned  to  any  such  state  shall  be  turned  over  to  the 
Highway  department  of  the  state  or  to  the  governor  of  said  state,  to  be 
expended  under  the  provisions  of  this  Act  and  under  the  rules  and  regula- 
tions of  the  Department  of  Agriculture,  when  any  number  of  counties  in 
any  such  state  shall  appropriate  or  provide  the  proportion  or  share 
needed  to  be  raised  in  order  to  entitle  such  state  to  its  part  of  the 
appropriation  apportioned  under  this  Act. 

"Sec.  4.  That  so  much,  not  to  exceed  three  per  centum,  of  the  appro- 
priation for  any  fiscal  year  made  by  or  under  this  Act  as  the  Secretary 
of  Agriculture  may  estimate  to  be  necessary  for  administering  the  provi- 
sions of  this  Act  shall  be  deducted  for  that  purpose,  available  until  ex- 
pended. Within  sixty  days  after  the  close  of  each  fiscal  year  the  Secretary 
of  Agriculture  shall  determine  what  part,  if  any,  of  the  sums  theretofore 
deducted  for  administering  the  provisions  of  this  Act  will  not  be  needed 
for  that  purpose,  and  apportion  such  part,  if  any,  for  the  fiscal  year 
then  current  in  the  same  manner  and  on  the  same  basis,  and  certify  it  to 
the  Secretary  of  the  Treasury  and  to  the  State  Highway  departments,  and 
to  the  governors  of  states  having  no  State  Highway  departments,  in  the 
same  way  as  other  amounts  authorized  by  this  Act  to  be  apportioned  among 
all  the  states  for  such  current  fiscal  year.  The  Secretary  of  Agriculture, 
after  making  the  deduction  authorized  by  this  section  shall  apportion  the 
remainder  of  the  appropriation  for  each  fiscal  year  among  the  several 
states  in  the  following  manner:  One-third  in  the  ratio  which  the  area  of 
each  state  bears  to  the  total  area  of  all  the  states,  as  shown  by  the  latest 
available  federal  census;  one-third  in  the  ratio  which  the  population  of 
each  state  bears  to  the  population  of  all  the  states,  as  shown  by  the  latest 
available  federal  census ;  one-third  in  the  ratio  which  the  mileage  of  rural 
delivery  routes  and  star  routes  in  each  state  bears  to  the  total  mileage 
of  rural  delivery  routes  and  star  routes  in  all  the  states  at  the  close  of 
the  preceding  fiscal  year,  as  shown  by  the  certificate  of  the  Postmaster 
General,  wrhich  he  is  directed  to  make  and  furnish  annually  to  the 
Secretary  of  Agriculture. 

"Sec.  5.  That  within  sixty  days  after  the  approval  of  this  Act  the 
Secretary  of  Agriculture  shall  certify  to  the  Secretary  of  the  Treasury  and 
to  each  Highway  department  and  to  the  Governor  of  each  state  having 
no  State  Highway  department  the  sum  which  he  has  estimated  to  be 
deducted  for  administering  the  provisions  of  this  Act  and  the  sum  which 
he  has  apportioned  to  each  state  for  the  fiscal  year  ending  June  30,  1917, 
and  on  or  before  January  20  next  preceding  the  commencement  of  each 
succeeding  fiscal  year  shall  make  like  certificates  for  such  fiscal  year. 

"Sec.  6.  That  any  state  desiring  to  avail  itself  of  the  benefits  of  this 
Act  shall,  by  its  State  Highway  department,  submit  to  the  Secretary  of 


8 REPORT  OF  STATE  HIGHWAY  ENGINEER 

Agriculture  project  statements  setting  forth  proposed  construction  of  any 
rural  post  road  or  roads  therein.  If  the  Secretary  of  Agriculture  approve 
a  project,  the  State  Highway  department  shall  furnish  to  him  such  sur- 
veys, plans,  specifications  and  estimates  therefor  as  he  may  require;  pro- 
vided, however,  that  the  Secretary  of  Agriculture  shall  approve  only  such 
projects  as  may  be  substantial  in  character,  and  the  expenditure  of  funds 
hereby  authorized  shall  be  applied  only  to  such  improvements.  Items 
included  for  engineering,  inspection  and  unforeseen  contingencies  shall  not 
exceed  ten  per  centum  of  the  total  estimated  cost  of  the  work.  If  the 
Secretary  of  Agriculture  approve  the  plans,  specifications  and  estimates, 
he  shall  notify  the  State  Highway  department,  and  immediately  certify 
the  fact  to  the  Secretary  of  the  Treasury.  The  Secretary  of  the  Treasury 
shall  thereupon  set  aside  the  share  of  the  United  States  payable  under  this 
Act  on  account  of  such  project,  which  shall  not  exceed  fifty  per  centum 
of  the  total  estimated  cost  thereof.  No  payment  of  any  money  apportioned 
under  this  Act  shall  be  made  on  any  project  until  such  statement  of  the 
project,  and  the  plans,  specifications  and  estimates  therefor  shall  have  been 
submitted  to  and  approved  by  the'  Secretary  of  Agriculture. 

"When  the  Secretary  of  Agriculture  shall  find  that  any  project  so 
approved  by  him  has  been  constructed  in  compliance  with  said  plans  and 
specifications,  he  shall  cause  to  be  paid  to  the  proper  authority  of  said 
state  the  amount  set  aside  for  said  project;  provided,  that  the  Secretary 
of  Agriculture  may,  in  his  discretion,  from  time  to  time  make  payments  on 
said  construction  as  the  same  progresses;  but  these  payments,  including 
previous  payments,  if  any,  shall  not  be  more  than  the  United  States'  pro 
rata  part  of  the  value  of  the  labor  and  materials  which  have  been  actually 
put  into  said  construction  in  conformity  to  said  plans  and  specifications; 
nor  shall  any  such  payment  be  in  excess  of  $10,000.00  per  mile  exclusive  of 
the  cost  of  bridges  of  more  than  twenty  feet  clear  span.  The  construction 
work  and  labor  in  each  state  shall  be  done  in  accordance  with  its  laws, 
and  under  the  direct  supervision  of  the  State  Highway  department,  sub- 
ject to  the  inspection  and  approval  of  the  Secretary  of  Agriculture  and  in 
accordance  with  the  rules  and  regulations  made  pursuant  to  this  Act. 

"The  Secretary  of  Agriculture  and  the  State  Highway  department  of 
each  state  may  jointly  determine  at  what  times,  and  in  what  amounts, 
payments,  as  work  progresses,  shall  be  made  under  this  Act.  Such  pay- 
ments shall  be  made  by  the  Secretary  of  the  Treasury,  on  warrants  drawn 
by  the  Secretary  of  Agriculture,  to  such  official,  or  officials,  or  depository, 
as  may  be  designated  by  the  State  Highway  department  and  authorized 
under  the  laws  of  the  state  to  receive  public  funds  of  the  state  or  county. 

"Sec.  7.  To  maintain  the  roads  constructed  under  the  provisions  of 
this  Act  shall  be  the  duty  of  the  states,  or  their  civil  subdivisions,  according 
to  the  laws  of  the  several  states.  If  at  any  time  the  Secretary  of  Agricul- 
ture should  find  that  any  road  in  any  state  constructed  under  the  provisions 
of  this  Act  is  not  being  properly  maintained,  he  shall  give  notice  of  such 
fact  to  the  Highway  department  of  such  state,  and  if  within  four  months 
from  the  receipt  of  said  notice  said  road  has  not  been  put  in  a  proper  con- 
dition of  maintenance,  then  the  Secretary  of  Agriculture  shall  thereafter 
refuse  to  approve  any  project  for  road  construction  in  said  state,  or  the 
civil  subdivision  thereof,  as  the  fact  may  be,  whose  duty  it  is  to  maintain 
said  road,  until  it  has  been  put  in  a  condition  of  proper  maintenance. 


REPORT  OP  STATE  HIGHWAY  ENGINEER 


"Sec.  8.  That  there  is  hereby  appropriated  and  made  available  until 
expended,  out  of  any  moneys  in  the  national  treasury  not  otherwise 
appropriated,  the  sum  of  $1,000,000.00  for  the  fiscal  year  ending  June 
thirtieth,  nineteen  hundred  and  seventeen,  and  each  fiscal  year  thereafter, 
up  to  and  including  the  fiscal  year  ending  June  thirtieth,  nineteen  hundred 
and  twenty-six,  in  all  $10,000,000.00,  to  be  available  until  expended  under 
the  supervision  of  the  Secretary  of  Agriculture,  upon  request  from  the 
proper  officers  of  the  state,  territory  or  county  for  the  survey,  construc- 
tion, and  maintenance  of  roads  and  trails  within  or  only  partly  within  the 
national  forests,  when  necessary  for  the  use  and  development  of  resources 
upon  which  communities  within  and  adjacent  to  the  national  forests  are 
dependent;  provided,  that  the  state,  territory  or  county  shall  enter  into  a 
cooperative  agreement  with  the  Secretary  of  Agriculture  for  the  survey, 
construction  and  maintenance  of  such  roads  or  trails  upon  a  basis  equitable 
to  both  the  state,  territory  or  county,  and  the  United  States ;  and  provided, 
also,  that  the  aggregate  expenditures  in  any  state,  territory  or  county  shall 
not  exceed  ten  per  centum  of  the  value,  as  determined  by  the  Secretary  of 
Agriculture,  of  the  timber  and  forage  resources  which  are  or  will  be  avail- 
able for  income  upon  the  national  forest  lands  within  the  respective  county 
or  counties  wherein  the  roads  or  trails  will  be  constructed ;  and  the  Secre- 
tary of  Agriculture  shall  make  annual  report  to  Congress  of  the  amounts 
expended  hereunder. 

"That  immediately  upon  the  execution  of  any  cooperative  agreement 
hereunder  the  Secretary  of  Agriculture  shall  notify  the  Secretary  of  the 
Treasury  of  the  amount,  to  be  expended  by  the  United  States  within 
or  adjacent  to  any  national  forest  thereunder,  and  beginning  with  the 
next  fiscal  year  and  each  fiscal  year  thereafter  the  Secretary  of  the 
Treasury  shall  apply  from  any  and  all  revenues  from  such  forest  ten  per 
centum  thereof  to  reimburse  the  United  States  for  expenditures  made  under 
such  agreement  until  the  whole  amount  advanced  under  such  agreement 
shall  have  been  returned  from  the  receipts  from  such  national  forest. 

"Sec.  9.  That  out  of  the  appropriations  made  by  or  under  this  Act,  the 
Secretary  of  Agriculture  is  authorized  to  employ  such  assistants,  clerks,  and 
other  persons  in  the  City  of  Washington  and  elsewhere,  to  be  taken  from 
the  eligible  lists  of  the  Civil  Service  Commission,  to  rent  buildings  outside 
of  the  City  of  Washington,  to  purchase  such  supplies,  material,  equip- 
ment, office  fixtures,  and  apparatus,  and  to  incur  such  travel  and  other 
expense  as  he  may  deem  necessary  for  carrying  out  the  purposes  of  this  Act. 

"Sec.  10.  That  the  Secretary  of  Agriculture  is  authorized  to  make  rules 
and  regulations  for  carrying  out  the  provisions  of  this  Act. 

"Sec.  11.     That  this  Act  shall  be  in  force  from  the  date  of  its  passage. 

"Approved  July  11,  1916."    And 

Whereas,  under  the  apportionment  of  the  federal  fund  provided  under 
said  Act  made  by  the  S'ecretary  of  Agriculture,  there  is  and  will  be  available 
during  the  next  five  years  for  the  State  of  Oregon,  the  sum  of  $1,180,310.55 
(see  Senate  document  No.  548,  Sixty-fourth  Congress,  first  session),  for  the 
construction  of  rural  post  roads,  under  the  provision  of  Section  6  of  the 
above  set  out  Act;  and  there  will  also  be  available  during  said  period  of 
time  the  sum  of  $638,970.00  for  the  construction  or  maintenance  of  roads 
and  trails  within,  or  partly  within,  the  national  forests  in  this  state,  under 
the  provisions  of  Section  8  of  said  Act.  Now,  therefore, 


10  REPORT  OF  STATE  HIGHWAY  ENGINEER 

Be  It  Enacted  by  the  People  of  the  State  of  Oregon : 

Section  1.  That  the  State  of  Oregon  hereby  accepts  the  provisions  of 
said  Act  and  agrees  to  cooperate  with  the  federal  government  in  carrying 
out  the  provisions  thereof. 

Section  2.  The  state  board,  commissioners,  or  officers  having  control  of 
the  state  highways  of  the  State  of  Oregon  shall,  out  of  the  money  received 
in  the  highway  funds  of  the  State  of  Oregon  each  year,  first  set  aside  a 
sufficient  amount  to  comply  with  the  terms  of  said  Federal  Act,  and  if  there 
is  any  deficiency  in  said  highway  fund  for  such  purpose  then  the  State 
Board  of  Control  of  the  State  of  Oregon  is  hereby  authorized,  empowered 
and  directed  each  year  during  the  next  five  years  to  sell  the  bonds  of  the 
State  of  Oregon  in  an  amount  sufficient  to  raise  enough  money  which, 
taken  together  with  any  money  available  from  appropriations  from  other 
funds  of  the  State  of  Oregon,  if  any  there  be,  to  equal  the  amount  required 
of  the  State  of  Oregon  in  order  to  fully  meet  the  requirements,  conditions 
and  provisions  of  said  federal  statute,  and  the  federal  officials  operating 
under  said  statute ;  provided,  however,  that  such  bonds  shall  not  be  issued 
unless  necessary  to  enable  the  State  of  Oregon  to  avail  itself  of  the  federal 
aid  as  provided  hereinabove,  or  any  other  aid  hereafter  furnished  by  the 
United  States. 

Section  3.  The  state  board,  commissioners  or  officers  having  control  of 
the  state  highways  in  the  State  of  Oregon  are  hereby  authorized,  empowered 
and  directed  to  enter  into  such  contracts,  appoint  such  officers  and  do  any 
other  act  or  thing  necessary  to  fully  meet  the  requirements  of  the  United 
States  and  the  officers  acting  under  said  federal  statute. 

Section  4.  The  Attorney  General  shall,  under  the  direction  of  the  State 
Board  of  Control,  prepare  a  form  of  bonds  of  the  state  to  be  sold  as  above 
required,  which  bonds  shall  be  payable  at  such  time  and  under  such  con- 
ditions of  refunding  and  payment  as  shall  be  provided  by  the  Board  of  Con- 
trol of  the  State  of  Oregon,  not  exceeding,  however,  twenty  years  from  the 
date  thereof,  and  shall  bear  a  rate  of  interest  not  to  exceed  four  per  cent  per 
annum,  payable  semiannually  at  the  office  of  the  State  Treasury  of  the 
State  of  Oregon,  and  if  said  board  shall  so  direct,  said  bonds  may  also  pro- 
vide for  payment  at  some  other  place.  Said  bonds  shall  be  payable  in  gold 
coin  of  the  United  States  of  America,  of  the  present  value  of  weight  and 
fineness  at  the  date  of  issue  thereof,  and  shall  be  in  a  form  embodying  the 
absolute  promise  of  the  State  of  Oregon  to  pay  the  amount  of  said  bonds. 
Said  bonds  shall  be  in  such  denominations  as  the  State  Board  shall  elect. 
They  shall  be  signed  by  the  Governor,  Secretary  of  State  and  State  Treas- 
urer, constituting  said  board.  After  the  funds,  if  any,  which  have  been 
appropriated  from  the  current  moneys  of  the  state  for  the  purpose  of  meet- 
ing the  requirements  of  this  Act  have  been  exhausted,  or  if  no  appropriation 
therefor  has  been  made,  then  each  year  said  State  Board  of  Control  shall 
sign,  date,  issue  and  sell  bonds  as  required  to  raise  funds  sufficient  to  meet 
the  obligation  of  the  State  of  Oregon  in  carrying  on  road  construction  as 
provided  for  in  said  federal  statute.  Said  bonds  shall  bear  coupons  for  the 
interest  in  the  installments  in  which  the  same  shall  become  due,  upon  which 
shall  be  printed  the  facsimile  signatures  of  said  officers.  Said  board  may  at 
its  option,  cause  said  bonds  to  be  payable  to  the  purchaser  thereof  and 
register  the  same  at  the  office  of  the  State  Treasury  with  an  appropriate 
indorsement  upon  each  of  said  bonds  to  the  effect  that  said  bonds  will  be 
paid  only  to  the  owner  appearing  on  the  register,  and  providing  a  method 


REPORT  OF  STATE  HIGHWAY  ENGINEER 


for  reregistering  the  same  as  title  to  said  bonds  may  be  passed  ;  or  it  may 
provide  a  form  of  bond  payable  to  bearer  and  not  subject  to  registration, 
or  either  of  said  bonds  as  said  board  may  decide. 

Section  5.  The  Board  of  Control  shall  take  such  steps  as  it  may  deem 
necessary  for  the  advertisement  of  each  issue  of  bonds  before  the  same 
are  sold  ;  and  the  money  arising  from  the  sale  of  each  issue  of  bonds  shall 
be  deposited  in  the  State  Treasury  to  the  credit  of  a  special  fund  subject 
to  being  paid  out  in  carrying  into  effect  the  purposes  of  the  said  Federal 
Act  and  the  purposes  of  this  Act. 

Section  6.  Inasmuch  as  the  federal  funds  are  now  available  for  imme- 
diate use,  and  if  the  amount  apportioned  is  not  used  during  the  next  year 
the  same  will  revert  to  the  federal  fund  and  will  be  lost  to  the  state,  and 
inasmuch  as  climatic  conditions  are  such  in  this  state  that  road  construc- 
tion must  be  completed  before  inclement  weather  in  the  fall  of  the  year 
begins  :  It  is  hereby  declared  that  an  emergency  exists  and  that  it  is 
necessary  that  this  Act  take  effect  immediately  after  it  is  passed  by  the 
legislature  and  approved  by  the  Governor  and  that  the  same  is  necessary 
for  the  preservation  of  public  peace,  health  and  safety.  Therefore  this  Act 
shall  be  in  full  force  and  effect  from  and  after  it  is  approved  by  the 
Governor. 


CHAPTER  194 

Be  It  Enacted  by  the  People  of  the  State  of  Oregon : 

Section  1.  That  Chapter  174  of  the  General  Laws  of  Oregon  for  1911, 
as  amended  by  Chapter  135  of  the  General  Laws  of  Oregon  for  1913  and 
as  amended  by  Chapter  350  of  the  General  Laws  of  Oregon  for  1915,  be  and 
the  same  is  hereby  amended  to  read  as  follows: 

Sec.  1.  Definitions.  The  term  "chauffeur"  shall  mean  any  person 
operating  a  motor  vehicle  for  hire,  or  as  the  employe  of  the  owner  of  a 
motor  vehicle  for  hire.  The  term  "State"  as  used  in  this  Act,  except  where 
otherwise  expressly  provided,  shall  also  include  the  territories  and  the 
federal  districts  of  the  United  States.  The  term  "owner"  shall  include 
any  person  then  in  the  operation  of  the  vehicle  and  be  synonymous  for  that 
purpose  with  chauffeur  as  to  the  operation  of  the  same,  and  shall  also 
include  any  person,  firm  or  association  renting  a  vehicle  or  having  the 
exclusive  use  thereof  under  lease  or  otherwise  for  a  period  greater  than 
thirty  days,  and  these  meanings  of  the  term  "owner"  shall  be  in  addition 
to  the  usual  signification  of  the  word.  Every  moving  thing  except  railroad 
and  street  cars  upon  the  streets,  roads  and  highways  of  this  state  moved  by 
power  shall  be  a  "vehicle"  under  the  terms  of  this  Act.  The  term  "motor 
vehicle"  as  used  in  this  Act,  except  where  otherwise  expressly  provided, 
shall  include  all  vehicles  propelled  by  any  power  other  than  muscular 
power.  The  term  "manufacturer"  and  the  term  "dealer"  shall  signify  any 
person,  firm,  association  or  corporation  having  in  his,  its  or  their  possession 
vehicles  for  sale  and  trade  and  for  use  and  operation  pursuant  thereto, 
and  shall  be  considered  owners  of  vehicles  manufactured  and  dealt  in  by 
them  for  the  purposes  of  this  Act  prior  to  sale  and  delivery  thereof,  and 
of  all  vehicles  held  in  their  possession  and  driven  by  them  or  their  employes. 
The  term  "motor  truck"  shall  mean  a  motor  vehicle  with  a  carrying 
capacity  of  over  one  and  one-half  tons  intended  and  used  for  the  purpose  of 
transporting  any  commodity,  produce  or  freight. 


12  REPORT  OP  STATE  HIGHWAY  ENGINEER 

Sec.  2.    The  laws  of  the  road  everywhere  in  this  state  are  declared  to 
be  as  specified  in  the  following  sections : 

1.  Vehicles  proceeding  in  opposite  directions  shall  pass  to  the  right, 
giving  one-half  the  road  to  each  ; 

2.  Vehicles  proceeding  in  the  same  direction  overtake  each  other  by 
passing  to  the  left ; 

3.  The  overtaking  vehicle  shall  maintain  its  speed  until  clear  of  the 
overtaken  vehicle,  and  for  such  distance  thereafter  as  shall  prevent  dust 
and  mud  throwing  upon  the  overtaken  vehicle; 

4.  The  signal  so  to  pass  shall  be  given  by  one  blast  or  stroke  of  the 
horn,  bell,  whistle,  gong  or  other  signaling  device ; 

5.  Should  the  overtaken  vehicle  then  not  give  way,  three  such  blasts 
or  signals  shall  be  given,  and  on  failure  to  comply  therewith  the  overtaking 
vehicle  may  at  the  next  suitable  place  safe  to  both  vehicles  go  by  without 
further  signal ; 

6.  It  shall  be  the  duty  of  every  overtaken  vehicle  to  turn  to  the  right 
and  give  one-half  of  the  road  to  the  overtaking  vehicle ; 

7.  Vehicles  approaching  an  intersecting  road,  street  or  highway  shall 
be  under  control  so  as  to  permit  the  vehicle  on  the  right  of  the  vehicle 
approaching  to  first  cross  the  intersecting  street,  road  or  highway ; 

8.  At  all  intersections  the  vehicle  approaching  the  intersection  from 
the  right  of  any  other  vehicle  approaching  the  intersection  shall  have  the 
right  of  way ; 

9.  All  vehicles  approaching  an  intersection  of  a  street,  road  or  high- 
way with  the  intention  of  turning  thereat  shall,  in  turning  to  the  right, 
keep  closely  to  the  right,  and  in  turning  to  the  left,  shall  run  to  and  beyond 
the  center  of  the  intersection ; 

10.  The  person  in  control  of  any  vehicle  moving  slowly  along  and  upon 
any  street,  road  or  highway  shall  keep  such  vehicle  as  closely  as  practicable 
to  the  right-hand  boundary  of  such  street,  road  or  highway,  allowing  more 
swiftly  moving  vehicles  reasonably  free  passage  to  the  left ; 

11.  The  person  in  charge  of  any  vehicle  in  or  upon  any  street,  road  or 
highway,  before  turning,  stopping  or  changing  the  course  of  such  vehicle, 
and  before  turning  such  vehicle  when  starting  the  same,  shall  first  see 
that  there  is  sufficient  space  for  such  movement  to  be  made  in  safety,  and 
if  the  movement  or  operation  of  other  vehicles  may  reasonably  be  affected 
by  such  turning,  stopping  or  changing  of  course,  shall  give  plainly  visible 
or  audible  signal  to  the  person  operating,  driving  or  in  charge  of  such 
vehicles  of  his  intention  so  to  turn,  stop  or  change  his  course ; 

12.  In  passing  and  overtaking,  such  assistance  shall  be  given  by  the 
occupants  of  each  vehicle  respectively  to  the  other  as  circumstances  shall 
demand  and  either  request,  and  each  of  them  exercise  due  care  and  caution 
to  get  clearance  and  avoid  accidents.     Every  person  having  control  of  any 
motor  vehicle,  whenever  upon  any  street,  road  or  highway  and  approaching 
any  vehicle  drawn  by  horse  or  horses  or  any  horse  upon  which  any  person 
is  riding,  shall  operate,  manage  and  control  such  motor  vehicle  in  such 
manner  as  to  exercise  reasonable  precaution  to  prevent  frightening  of  any 
such  horse  or  horses,  and  to  insure  the  safety  and  protection  of  any  person 
riding  or  driving  the  same.    And  if  such  horse  or  horses  appear  frightened 
the  person  in  control  of  such  motor  vehicle  shall  reduce  its  speed,  and,  if 
requested  by  signal  or  otherwise  by  the  driver  or  rider  of  such  horse  or 
horses,  shall  not  proceed  further  toward  such  animal  unless  such  movement 


REPORT  OF  STATE  HIGHWAY  ENGINEER 


be  necessary  to  avoid  accident  or  injury,  or  until  such  animal  appears  to 
be  under  control  of  its  rider  or  driver  ; 

13.  In  passing  railroad  or  street  cars  operated  in  any  city,  town  or 
village  in  this  state,  vehicles  shall  be  operated  upon  that  side  of  said  street 
or  railroad  car  with  due  care  and  caution  that  the  safety  of  passengers 
boarding  or  alighting  from  such  street  or  railroad  car  shall  be  fully  pro- 
tected and  for  that  purpose  said  vehicle  shall  be  brought  to  a  stop,  if 
necessary,  but  upon  the  other  or  left  side  of  said  street  or  railroad  car, 
should   there  be  a  clear  passage,   said   vehicle  shall   be  permitted   to  so 
increase  its  speed  for  the  necessary  distance  to  negotiate  a  safe  clearance 
between  said  street  or  railroad  car  and  said  vehicle  so  desiring  to  pass,  and 
the  rate  of  speed  requisite  and  necessary  so  to  do  shall  not  be  deemed  an 
excessive  rate  of  speed,  having  due  regard  to  the  speed  of  said  railroad 
or  street  car; 

14.  In  parades,  at  theaters  and  all  other  occasions  and  places  where 
traffic  is  congested,  vehicles  shall  be  operated  with  due  care  and  caution, 
and  jockeying  vehicles  or  running  by  for  position  is  prohibited  by  this  Act. 
Every  vehicle,  upon  embarking  and  discharging  its  load,  shall  immediately 
move  out  and  away  from  the  congested  area,  and  the  next  vehicle  shall 
follow  the  same  ; 

15.  Every  vehicle  shall  be  kept  upon  the  right  half  of  the  road,  street 
or  highway  traveled  and  no  vehicle  shall  overtake  and  pass  any  other 
when  the  view  ahead  is  not  clear  for  at  least  one  hundred  yards; 

16.  Every  motor  vehicle,  when  moving  in  defiles,  canyons  or  mountain 
passes  where  curvature  of  the  road  or  highway  prevents  a  clear  view  for  a 
distance  of  one  hundred  yards,  shall  be  held  under  control  and  not  per- 
mitted to  coast,  and  shall  in  approaching  all  curves  give  signals  with  fre- 
quent blasts  or   strokes  of  horn,   bell,  whistle,   gong,   or  other  signaling 
device  of  its  approach,  and  upon  all  curves  to  the  right  shall  keep  to  the 
inside  of  said  curves,  and  upon  all  curves  to  the  left  shall  keep  to  the 
outside  of  said  curves  ; 

17.  No  race  or  contest  for  speed  shall  be  held  upon  any  road,  street 
or  highway  in  this  state  without  the  permission  of  the  authorities  of  this 
state,  county  or  city  having  jurisdiction  of  said  road,  street  or  highway, 
and  unless  the  same  is  fully  and  efficiently  patrolled  for  the  entire  dis- 
tance over  which  said  race  or  contest  for  speed  is  to  be  held  ; 

18.  Every  vehicle  shall  be  run  at  a  rate  of  speed  at  no  time  greater 
than  is  reasonable  and  proper  having  due  regard  to  the  safety  of  the  public, 
the  traffic  and  use  of  the  road,  street  or  highway  then  being  traveled  ; 

19.  The  rate  of  speed  on  all  roads,  streets  and  highways  of  this  state 
shall  be  a  reasonable  speed,  up  to  and  not  exceeding  twenty-five  miles  an 
hour,  but  any  speed  in  excess  of  twenty-five  miles  an  hour  upon  any  road, 
street  or  highway  of  this  state  shall  be  an  unreasonable  speed  and  is  pro- 
hibited by  this  Act  ;  provided,  however,  that  no  motor  vehicle  shall  be 
driven  at  a  rate  faster  than  eight  miles  an  hour  upon  the  country  roads 
or  highways  of  this  state  when  within  one  hundred  yards  of  any  vehicle 
drawn  by  horse  or  horses  ; 

20.  Upon  all  narrow  ways  in  parks,  passes  and  defiles  not  otherwise 
herein  provided  for,  all  vehicles  shall  proceed  in  one  direction  only  as  the 
signboards  and  conspicuously  displayed  regulations  upon  such  narrow  ways 
in  parks,  passes  and  defiles  so  located  shall  then  define.    The  direction  in 
which  all  vehicles  shall  so  proceed  may  be  declared  by  park  commissioners 


REPORT  OF  STATE  HIGHWAY  ENGINEER 


in  parks  and  by  the  county  commissioners  with  respect  to  narrow  passes 
and  defiles  within  their  respective  jurisdiction  ;  and  when  so  declared  shall 
be  so  conspicuously  marked  with  signs  as  to  indicate  the  rule  and  regula- 
tion in  regard  thereto  and  the  direction  in  which  all  vehicles  shall  so 
travel  ; 

21.  No  vehicle  shall  be  moved,  run  or  operated  on  the  roads,  streets  or 
highways  of  this  state  by  any  person  unable  or  incapable  to  control  and 
properly  operate  the  same  with  due  regard  to  the  safety  of  the  public  and 
other  vehicles  ;  provided,  that  in  all  cases  any  person  in  a  state  of  intoxica- 
tion is  deemed  conclusively  incapable  and  unable  to  control  and  operate 
the  same; 

22.  No  vehicle  used  upon  the  streets,  roads  or  highways  of  this  state 
shall  be  left  standing  unsecured,  and  howsoever  it  may  be  moved  its  motive 
power  shall  be  so  secured  that  the  same  can  not  operate  or  move  the 
vehicle   without   some   action   upon   the   part   of   the  owner   or   operator 
so  to  do; 

23.  No  vehicle  shall  be  operated  with  an  excessive  smoking  exhaust 
upon  any  road,  street  or  highway  in  this  state  ; 

24.  Ambulances,  while  being  operated  as  such,  and  vehicles  for  the 
use  of  doctors,  physicians  and  surgeons,  shall  while  answering  emergency 
calls  only,  be  exempt  from  the  provisions  of  this  Act  as  to  speed  but  not 
traffic  regulations,  where  preference  for  right  of  way  can  be  given  them 
with  due  regard  to  the  safety  of  the  public;  provided,  that  each  of  the 
same  shall  bear  a  red  cross  conspicuously  placed  ; 

25.  Patrol  wagons,  police  ambulances,  fire  patrols,  fire  engines  and 
fire  apparatus  shall  in  all  cases,  with  due  regard  to  the  safety  of  the 
public,  have  right  of  way,  all  provisions  of  this  Act  to  the  contrary  not- 
withstanding, but  this  Act  shall  not  protect  the  driver  of  any  such  vehicle 
from  consequence  in  the  arbitrary  exercise  of  this  right  or  for  injuries 
wilfully  inflicted  ; 

26.  In  all  localities  where  an  authorized  officer,  marshal,  constable  or 
policeman,  conspicuously  displaying  his  star  and  then  discharging  the  duty 
of  regulating  and  directing  traffic  in  his  locality,  shall  signal  any  vehicle 
to  take  any  direction  or  to  stop  or  otherwise  proceed  for  the  safety  of  the 
public,  it  shall  be  the  duty  of  the  driver  of  such  vehicle  to  obey  said  direc- 
tion and  to  comply  with  the  orders  of  said  authorized  officer  in  that  behalf  ; 

27.  Should  any  pedestrian  or  other  object,  through  want  of  care  or 
other  cause,  come  in  contact  with  a  moving  vehicle  in  the  roads,  streets 
or  highways  of  this  state,  it  shall  be  the  duty  of  such  vehicle  to  stop  and 
of  the  owner  or  operator  thereof  to  ascertain  the  name  of  the  person  or 
object  and  to  render  such  aid  and  assistance  as  may  be  required,  and  in 
case  of  collision  or  other  accident  to  render  like  assistance  to  the  colliding 
vehicle  or  vehicle  struck,  as  the  case  may  be,  and  to  the  occupants  thereof 
as  may  be  necessary,  taking  the  name  of  the  vehicle,  its  number,  the  time, 
the  place  and  other  data  concerning  the  accident  or  event,  with  the  names 
of  witnesses  present,  and  likewise  giving  his  own  name  and  number  for 
identification.     Each  and  all  of  said  information,  however,  shall  not  be 
construed  or  determined  as  fixing  liability  in  either  case  for  fault  or  negli- 
gence of  either  party,  but  shall  be  a  means  of  identification  of  the  facts  and 
circumstances  only  ;  and  neither  party  to  a  collision  or  consequence  result- 
ing from  a  mistake  in  judgment  or  arising  from  accident  shall  move  away 
from  the  place  of  its  occurrence  without  complying  with  this  section,  and 


REPORT  OP  STATE  HIGHWAY  ENGINEER  15 

if  this  complying  with  this  section,  however,  is  not  done  it  shall  be  a  viola- 
tion of  this  Act  and  punished  accordingly  as  herein  provided,  and  in  civil 
action  for  damages,  as  in  this  Act  elsewhere  provided,  shall  be  construed 
as  an  evidence  of  fault. 

Sec.  3.  Registration  of  Vehicles — Pleasure,  Commercial  and  Demon- 
stration Cars.  Every  owner  of  a  motor  vehicle  which  shall  be  driven  in 
this  state,  except  as  otherwise  provided  herein,  shall  after  he  becomes  the 
owner  thereof,  cause  to  be  filed  by  mail  or  otherwise  in  the  office  of  the 
Secretary  of  State,  an  application  duly  signed  by  such  owner  for  registra- 
tion on  a  blank  or  blanks  to  be  furnished  by  the  Secretary  of  State  for  the 
purpose,  containing  (1)  the  name,  residence  and  business  address  of  the 
owner  of  such  motor  vehicle  and  the  name  of  the  county  in  which  he 
resides  ;  (2)  a  brief  description  of  the  motor  vehicle  to  be  registered,  includ- 
ing the  name  of  the  manufacturer,  style,  type  and  engine  number  of  such 
motor  vehicle,  the  capacity,  if  a  motor  truck,  the  character  of  the  power 
and  the  number  and  diameter  of  the  cylinders ;  provided,  that  every 
person,  firm,  association  or  corporation  manufacturing  or  dealing  in  motor 
vehicles  for  the  purpose  of  sale  or  exchange,  instead  of  registering  each 
motor  vehicle  so  manufactured  or  dealt  in,  may  make  an  application  upon 
a  blank  to  be  furnished  by  the  Secretary  of  State  for  a  general  distinctive 
number  for  all  motor  vehicles  owned  or  controlled  by  such  manufacturer 
or  dealer  for  the  purpose  of  sale  or  exchange,  such  application  to  contain 
(a)  a  brief  description  of  each  style  or  type  of  motor  vehicle  manufactured 
or  dealt  in  by  such  manufacturer  or  dealer,  including  the  character  of  the 
motor  power,  and  (b)  the  name  and  business  address,  including  the  county, 
of  such  manufacturer  or  dealer.  Upon  the  receipt  of  such  application  in 
due  form  and  the  payment  of  the  registration  fee  of  ten  dollars,  the  Secre- 
tary of  State  shall  cause  the  same  to  be  filed  in  his  office  in  the  manner 
provided  in  this  Act.  There  shall  thereupon  be  assigned  and  issued  to  such 
manufacturer  or  dealer,  a  general  distinctive  number,  and  delivered  to  such 
manufacturer  or  dealer,  at  a  place  within  the  State  of  Oregon  to  be  desig- 
nated by  him  in  his  application,  a  certificate  of  registration  in  such  form 
as  the  Secretary  of  State  shall  prescribe,  and  duplicate  number  plates  with 
a  number  corresponding  to  the  number  of  such  certificate  of  registration. 
Such  number  plates  shall  be  displayed  in  the  manner  provided  in  this  Act, 
by  every  motor  vehicle  of  such  manufacturer  or  dealer  when  the  same  is 
operated  or  driven  upon  any  road,  street  or  highway  of  this  state.  Such 
manufacturer  or  dealer  may  obtain  as  many  duplicate  sets  of  number  plates 
of  such  number  so  assigned  to  him  hereunder  as  may  be  desired  upon  the 
filing  of  a  formal  application  therefor  with  the  Secretary  of  State  and  the 
payment  of  $2.50  for  each  additional  duplicate  set.  No  plate  or  sign  shall 
be  used  other  than  those  furnished  by  the  Secretary  of  State.  Nothing 
in  this  section  shall  be  construed  to  apply  to  a  motor  vehicle  operated  by 
a  manufacturer  or  dealer  for  private  use  or  hire. 

Sec.  4.  Registration  Record  and  Index  Book.  Upon  receipt  of  an 
application  for  registration  of  a  motor  vehicle  the  Secretary  of  State  shall 
file  such  application  in  his  office  and  register  such  motor  vehicle  and  the 
facts  stated  in  such  application  in  a  record  book  and  index  to  be  kept  for 
the  purpose  under  the  distinctive  number  assigned  to  such  motor  vehicle 
by  the  Secretary  of  State,  which  record  book  and  index  shall  be  a  public 
record  and  open  to  inspection  by  the  public  during  reasonable  office  hours. 


16  REPORT  OP  STATE  HIGHWAY  ENGINEER 

Sec.  5.  Number  Plates.  Upon  the  filing  of  such  application  and  the 
payment  of  the  license  fee  herein  provided  for,  the  Secretary  of  State 
shall  assign  to  the  motor  vehicle  a  distinctive  duplicate  number  and,  with- 
out expense  to  the  applicant,  issue  and  deliver  to  the  owner  two  number 
plates,  rear  and  front,  described  in  this  Act.  The  number  plates  assigned 
as  herein  provided  shall  be  and  remain  with  the  motor  vehicle  for  the 
period  of  registration  mentioned  in  the  application  therefor ;  provided,  how- 
ever, that  in  the  event  of  the  loss,  mutilation  or  destruction  of  a  number 
plate  or  plates  the  owner  of  a  registered  vehicle  may  obtain  from  the 
Secretary  of  State  a  duplicate  or  duplicates  thereof  upon  filing  in  the 
office  of  the  Secretary  of  State  an  affidavit  showing  the  fact  and  the 
payment  of  a  fee  of  one  dollar. 

Sec.  6.  The  Secretary  of  State  shall  during  the  month  of  February  of 
each  year  furnish  to  the  county  clerk  and  assessor  of  each  county,  and, 
upon  request,  to  the  various  police  officers  throughout  the  state  having 
jurisdiction  of  the  enforcement  of  this  Act,  a  complete  list  to  February 
first,  and  thereafter  monthly  an  additional  list  of  the  registrations  and 
transfers  mentioned  in  this  Act,  including  the  name  and  address  of  the 
owner  or  chauffeur,  the  name  and  business  address  of  the  manufacturer 
or  dealer,  the  distinctive  number  assigned  to  each,  and  a  brief  description 
of  each  car  registered.  The  distribution  of  said  lists  shall  be  confined  to 
the  officers  mentioned  in  this  section,  and  the  said  lists  furnished  to  said 
county  clerks  to  be  filed  in  their  respective  offices  and  subject  to  inspection 
during  office  hours. 

Sec.  7.  Reregistration  Annually.  All  registrations  under  this  Act  shall 
expire  on  December  thirty-first  of  each  year  and  shall  be  renewed  annually 
in  the  same  manner  and  upon  the  payment  of  the  same  fee  as  provided  in 
this  Act  for  original  registration,  such  renewal  to  take  effect  on  the  first 
day  of  January  of  each  year. 

Sec.  8.  Sale  and  Transfer.  Upon  the  purchase  of  a  motor  vehicle 
registered  in  accordance  with  this  Act,  the  title  of  the  number  plates  shall 
vest  in  the  vendee,  and  said  vendee  shall  within  five  days  after  the  date 
of  purchase  notify  the  Secretary  of  State,  stating  his  name  and  business 
address,  the  name  of  the  vendor,  the  license  or  registration  number  and  the 
engine  number  under  which  such  motor  vehicle  is  registered,  upon  the 
receipt  of  which  information  the  Secretary  of  State  shall  transfer  the  said 
license  or  registration  number  to  said  vendee.  A  fee  of  one  dollar  shall  be 
paid  to  the  Secretary  of  State  for  each  transfer,  which  transfer  he  shall 
file  in  his  office  and  note  upon  the  registration  book  or  index.  No  sale 
or  transfer  of  any  motor  vehicle  registered  under  this  Act  shall  be  valid 
without  compliance  with  the  provisions  of  this  section. 

Sec.  9.  Distinctive  Number  on  Vehicles.  No  person  shall  operate  or 
drive  a  motor  vehicle  upon  the  roads,  streets  or  highways  of  this  state, 
unless  such  vehicle  shall  have  the  number  plates  assigned  to  it  by  the 
Secretary  of  State  conspicuously  displayed  on  the  front  and  rear  of  such 
vehicle  in  plain  view  and  so  as  to  be  easily  read  by  the  public ;  and  it  shall 
be  unlawful  to  display  more  than  one  registration  number  upon  the  front 
or  rear  of  any  vehicle,  or  any  number  which  does  not  entitle  the  holder 
thereof  to  operate  such  vehicle  upon  the  public  highways  of  this  state. 

Sec.  10.  Change  of  Color  of  Number  Plates  Annually.  Such  number 
plates  shall  be  of  a  distinctly  different  color  or  shade  for  each  year,  to  be 
designated  and  selected  by  the  Secretary  of  State,  and  there  shall  be  at 


REPORT  OF  STATE  HIGHWAY  ENGINEER  17 

all  times  a  marked  contrast  between  the  color  of  the  number  plates  and 
that  of  the  numerals  or  letters  thereon. 

Sec.  11.  Form  of  Number  Plates.  Such  number  plates  shall  be  enameled 
metal,  four  and  one-half  inches  wide  and  not  more  than  thirteen  inches  in 

O 
length,  in  the  left-hand  end  of  which  shall  be  the  abbreviation  R  in  letters 

E 

set  one  above  the  other  as  here  shown,  each  of  said  letters  to  be  not  more 
than  one  inch  long,  and  to  the  right  thereof  there  shall  be  the  distinctive 
number  assigned  to  the  vehicle  set  forth  in  numerals  three  inches  long, 
each  stroke  of  which  shall  be  at  least  one-half  inch  in  width,  and  to  the 
right  of  such  number  the  year  for  which  said  license  is  issued  set  in 
numerals  one  above  the  other  in  figures  not  to  exceed  one  inch  in  length. 

Sec.  12  Equipment,  (a)  Every  motor  vehicle  shall  be  provided  with 
adequate  brakes  sufficient  to  control  the  vehicle  at  all  timtes,  and  a  suitable 
bell,  horn,  whistle  or  other  signaling  device,  and  (b)  shall  during  the  period 
from  one  hour  after  sunset  to  one  hour  before  sunrise,  display  at  least  two 
white  lamps  on  the  front  and  one  red  light  on  the  rear  of  such  vehicle. 
Said  rear  lamp  shall  show  a  white  light  across  the  rear  of  the  vehicle. 
The  white  rays  of  such  rear  lamp  shall  shine  upon  the  number  plate  carried 
on  the  rear  of  such  vehicle.  The  light  of v  the  front  lamps  shall  be  visible 
at  least  two  hundred  feet  in  the  direction  in  which  the  vehicle  is  proceed- 
ing ;  provided,  that  motor  bicycles  or  motorcycles  and  all  vehicles  other 
than  motor  cars  shall  be  required  to  display  but  one  lighted  lamp,  such 
lamp  to  be  placed  on  the  front  of  the  vehicle  so  that  it  shall  be  visible 
at  least  one  hundred  feet  in  the  direction  in  which  the  vehicle  is  proceed- 
ing, and  show  red  light  to  the  rear,  (c)  When  the  convenience  or  safety 
of  the  use  of  any  public  highway  demands,  the  front  lights  of  every  motor 
vehicle  shall  be  dimmed  so  as  to  prevent  any  glare  therefrom,  or  shall  be 
so  directed  that  the  center  rays  thereof  shall  strike  the  ground  at  a  distance 
not  to  exceed  seventy-five  feet  in  front  of  such  vehicle ;  provided,  that 
nothing  in  this  subdivision  shall  be  construed  to  render  inoperative  the 
provisions  of  subdivision  (b)  of  this  section  relative  to  the  plain  visibility 
of  such  lights  in  the  direction  in  which  such  vehicle  is  proceeding. 

Sec.  13.  Other  than  on  vehicles  actually  engaged  at  the  time  in  con- 
struction or  repair  work  on  roads  or  highways,  no  tire  on  any  motor  vehicles 
or  any  other  vehicles  shall  have  on  its  periphery  any  block,  stud,  cleat,  bead 
or  any  other  protuberance  of  metal  which  projects  more  than  one-fourth 
of  an  inch  beyond  the  tread  or  traction  surface  of  the  tire;  but  this  sec- 
tion shall  not  be  so  construed  as  to  prohibit  the  use  of  tire  chains  of  reason- 
able proportions  on  motor  vehicles  when  required  for  safety  because  of 
snow,  ice  or  other  conditions  tending  to  cause  such  vehicles  to  slide  or  skid, 
nor  as  to  prevent  the  use  of  traction  engines  with  cleats  on  the  driving 
wheels  thereof  on  dirt  or  unimproved  roads. 

Sec.  14.  No  person  shall  throw  or  deposit  any  glass  bottle,  glass,  nails, 
tacks,  hoops,  wire,  cans  or  any  other  substance  likely  to  injure  any  person, 
animal  or  vehicle  upon  any  road,  street  or  highway  of  this  state. 

Sec.  15.  No  person  shall,  individually  or  in  association  with  one  or 
more  others,  wilfully  break,  injure,  tamper  with  or  remove  any  part  or 
parts  of  any  motor  vehicle,  for  the  purpose  of  injuring,  defacing  or  destroy- 
ing such  vehicle,  or  temporarily  or  permanently  preventing  its  useful  opera- 
tion for  any  purpose  against  the  will  or  without  the  consent  of  the  owner 


18  REPORT  OF  STATE  HIGHWAY  ENGINEER 

of  such  motor  vehicle,  or  in  any  other  manner  wilfully  or  maliciously  inter- 
fere with  or  prevent  the  running  of  such  motor  vehicle  or  the  operation 
of  the  same. 

Sec.  16.  No  person,  except  an  authorized  officer,  marshal,  constable  or 
policeman,  shall,  without  the  consent  of  the  owner  or  person  lawfully  in 
charge  of  a  motor  vehicle,  climb  upon  or  into  such  motor  vehicle,  whether 
the  same  be  at  rest  or  in  motion ;  or,  while  such  motor  vehicle  is  at  rest 
or  unattended,  attempt  to  manipulate  any  of  the  levers,  the  starting  crank 
or  other  device,  brakes  or  mechanism,  or  to  set  said  vehicle  in  motion. 

Sec.  17.  Registration  of  Chauffeurs.  Every  person  hereafter  desiring 
to  operate  a  motor  vehicle  as  chauffeur  shall  file  in  the  office  of  the 
Secretary  of  State  an  application  under  oath  for  registration  on  a  blank 
form  to  be  furnished  by  the  Secretary  of  State  for  that  purpose,  containing : 

(1)  The  name  and  residence  address  of  the  applicant,  and  that  he  is  over 
the  age  of  eighteen  years  and  is  physically  and  mentally  competent  to 
operate  a  vehicle  and  possesses  the  qualifications  required  by  this  Act; 

(2)  whether   or   not   the  applicant  has   been  previously   convicted   of   a 
violation   involving  moral  turpitude  or  any  of  the  provisions  of  this  or 
any  other  vehicle  law  or  traffic  regulation,  giving  the  date  and  place  of 
such  conviction  and  the  provision  or  provisions  of  the  law  or  ordinance 
violated;  and  therewith  shall  pay  a  registration  fee  of  two  dollars  ($2.00), 
but  for  all  licenses  for  that  year  issued  after  August  first  in  any  registra- 
tion year  but  one-half  said  fee  provided  in  this  section  shall  be  paid. 

Sec.  18.  Reregistration  Annually.  Such  registration  shall  be  renewed 
annually  in  the  same  manner  and  upon  the  payment  of  the  same  fee  and 
hold  good  until  December  thirty-first  each  year,  each  renewal  to  take 
effect  on  the  first  day  of  January  of  the  following  year. 

Sec.  19.  Chauffeur's  Registration  Book.  Upon  receipt  of  such  applica- 
tion, the  Secretary  of  State  shall  thereupon  file  the  same  in  his  office, 
assign  the  applicant  a  number  and  register  him  in  a  book  or  index  for  the 
registration  of  motor  vehicles. 

Sec.  20.  Chauffeur's  Badge.  The  Secretary  of  State  shall  forthwith 
upon  registering  such  chauffeur,  and  without  other  fee,  issue  and  deliver 
to  him  a  badge  of  aluminum  or  other  suitable  metal,  which  shall  be  in 
such  form  or  shape  as  the  Secretary  of  State  may  determine,  and  upon 
which  shall  be  stamped  the  words  "Registered  Chauffeur  Number  — ,  State 
of  Oregon,"  with  the  number  and  date  of  expiration  inserted  therein. 
This  badge  shall  thereafter  be  worn  by  such  chauffeur  pinned  upon  his 
clothing  in  a  conspicuous  place  at  all  times  while  he  is  operating  a  vehicle 
upon  the  public  highways  of  this  state.  In  the  event  of  the  loss,  mutila- 
tion or  destruction  of  a  chauffeur's  badge,  such  chauffeur  may  obtain  from 
the  Secretary  of  State  a  duplicate  thereof  upon  filing  in  the  office  of  the 
Secretary  of  State  an  affidavit  showing  the  fact  and  the  payment  of  a  fee 
of  one  dollar. 

Sec.  21.  Change  of  Form  or  Shape  of  Chauffeur's  Badge  Annually. 
Such  badge  shall  be  of  a  distinctly  different  shape  or  form  for  each  year, 
to  be  designated  and  selected  by  the  Secretary  of  State. 

Sec.  22.  Fictitious  Badge.  No  chauffeur  having  registered  as  herein- 
before provided  shall  voluntarily  permit  any  other  person  to  wear  his 
badge;  nor  shall  any  person  while  operating  a  vehicle  wear  a  chauffeur's 
badge  belonging  to  another  person,  or  a  fictitious  chauffeur's  badge. 

Sec.  23.     Unregistered    Chauffers    Can    Not   Drive   Vehicles.      No    per- 


REPORT  OF  STATE  HIGHWAY  ENGINEER  19 

son  shall  operate  or  drive  a  motor  vehicle  as  chauffeur  upon  the  public 
highways  of  this  state  after  this  Act  takes  effect,  unless  such  person  shall 
have  complied  in  all  respects  with  its  requirements ;  provided,  however, 
that  a  nonresident  chauffeur  who  has  registered  under  the  provisions  of 
the  law  of  the  state  of  his  residence  which  are  substantially  similar  to  the 
provisions  of  this  Act  shall  be  exempt  from  registration  under  this  Act ; 
provided  further,  he  shall  wear  the  badge  assigned  to  him  in  the  state  of 
his  residence  in  the  manner  provided  in  this  Act. 

Sec.  24.  Revocation  and  Suspension  of  License  and  Registration.  The 
Secretary  of  State  may  suspend  or  revoke  any  certificate  of  registration 
or  any  license  to  any  chauffeur  under  the  provisions  of  this  Act  upon  a 
due  and  regular  hearing  for  any  cause  which  he  may  deem  sufficient,  and 
may  suspend  such  license  or  registration  and  order  the  same  delivered 
up  without  a  hearing  whenever  he  shall  be  of  the  opinion  that  the  holder 
thereof  is  an  improper  or  incompetent  person  or  physically  or  mentally 
incompetent  to  operate  a  motor  vehicle,  or  the  vehicle  of  which  said  regis- 
tration then  appears  of  record  is  improperly,  inefficiently  or  inadequately 
equipped  to  be  operated  safely,  and  in  either  of  said  cases  to  be  governed 
by  the  safety  of  the  public,  and  not  to  exercise  this  authority  in  an 
arbitrary  manner,  and  neither  certificate  of  registration  nor  license  as  to 
motor  vehicle  or  chauffeur  shall  be  reissued  unless  upon  examination  or 
investigation  after  hearing  he  determines  that  the  chauffeur  or  motor 
vehicle  should  again  be  permitted  to  operate. 

Sec.  25.  Nonresident  Owners.  All  motor  vehicles  owned  and  operated 
by  nonresidents  of  this  state  who  shall  have  complied  with  the  provisions 
of  the  laws  of  the  state  of  their  residence  relative  to  such  vehicles  therein 
are  relieved  for  a  period  of  thirty  days  from  compliance  with  the  terms 
of  this  Act  during  a  thirty-day  sojourn  in  this  state ;  provided,  that  all 
such  vehicles  shall  conspicuously  display  the  state  number  thereon  of  the 
state  from  which  they  come;  but  this  exemption  shall  not  apply  to  motor 
vehicles  of  nonresident  corporations  doing  business  in  this  state,  nor  exempt 
nonresident  corporations. 

Sec.  26.  No  person  under  fifteen  years  of  age  shall  operate  or  drive 
a  motor  vehicle  upon  any  road,  street  or  highway  of  this  state  unless  such 
person  is  accompanied  by  his  or  her  parent  or  guardian  or  by  the  owner 
of  such  motor  vehicle. 

Sec.  27.  Registration  Fees.  The  following  fees  shall  be  paid  to  the 
Secretary  of  State  upon  the  registration  or  reregistration  of  a  motor 
vehicle  in  accordance  with  the  provisions  of  this  Act;  provided,  that  for 
any  registration  made  after  August  first  of  any  year,  but  one-half  of  said 
fees  shall  be  paid  : 

Motorcycles    and    motor    bicycles $   3.00 

Electric    vehicles    for    pleasure _ 6.00 

Electric    service    vehicles 10.00 

All    steam,    gasoline    and    other    hydrocarbon    operated    vehicles,    except 

motor  trucks,  for  whatsoever  use  up  to  twenty-six  horsepower 6.00 

In   excess   of   twenty-six  horsepower  and   inclusive   of  thirty-six  horse- 
power       10.00 

In  excess  of  thirty-six  horsepower  and  inclusive  of  forty  horsepower 15.00 

In  excess  of  forty  horsepower 20.00 

On  all  motor  trucks  the  following  rates  shall  be  paid : 

Over  one  and  one-half  tons  and   under  two   tons 15.00 

Two  tons  and  under  two  and  one-half  tons 18.00 

Two   and   one-half   tons   and    under   three    tons 21.00 

Three  tons  and  under  three  and  one-half  tons 24.00 

Three  and  one-half  tons  and  under  four   tons 27.00 

Four  tons  and  not  over  five   tons 30.00 

Five  tons  and  over   (see  Sec.   28)   5.00 


20  REPORT  OF  STATE  HIGHWAY  ENGINEER 

All  horsepower  ratings  herein  specified  for  the  purpose  of  determining 
the  registration  fees  herein  enumerated  shall  be  based  upon  Haskell's 
Horsepower  Formula  for  Steam  Vehicles  and  upon  the  formula  of  the 
Associated  Licensed  Automobile  Manufacturers  for  Gasoline  Vehicles.  And 
in  case  of  doubt  where  the  Secretary  of  State  is  unable  from  either  of  said 
formulas  to  determine  the  acual  rated  horsepower  of  any  such  motor 
vehicle,  it  shall  take  the  rate  of  the  next  class  of  motor  vehicle  to  which 
its  horsepower  approximates,  that  it  may  pay  a  fair  and  uniform  registra- 
tion fee  of  all  such  other  vehicles  upon  its  horsepower. 

Sec.  28.  No  motor  truck  of  over  five  tons'  capacity  shall  be  driven  or 
operated  on  or  upon  any  road  or  highway  of  this  state  except  with  the 
consent  of  and  upon  a  permit .  issued  by  the  county  court  of  the  county 
wherein  such  truck  is  sought  to  be  driven  or  operated.  Such  permit 
shall  be  issued  in  the  discretion  of  the  county  court  upon  a  written  petition 
setting  forth  the  necessity  therefor,  and  such  permit  when  issued  shall 
specify  the  period  for  which  issued,  the  business  in  which  said  truck  is 
to  operate  thereunder,  the  restrictions  imposed  upon  such  operation,  and 
the  specific  roads  or  highways  over  which  same  is  allowed  to  be  driven 
or  operated.  The  county  court  shall  before  issuing  any  such  permit  collect 
a  fee  therefor  of  not  less  than  eight  dollars  per  month.  All  sums  so 
received  under  this  section  shall  be  paid  to  the  county  treasurer  of  the 
county  wherein  such  permit  is  issued,  and  by  him  paid  into  the  geperal 
road  fund  of  such  county. 

Sec.  29.  Penalties.  Any  person  violating  any  of  the  provisions  of  this 
Act,  and  who  shall  be  convicted  thereof,  or  who  shall  plead  guilty  to  any 
complaint  for  the  violation  thereof,  shall  be  punished  by  a  fine  of  not 
exceeding  fifty  dollars  and  costs  of  prosecution,  or  if  such  fine  be  not  paid, 
then  by  imprisonment  in  the  county  jail  for  not  exceeding  twenty-five  days ; 
for  the  second  offense  he  shall  be  punished  by  a  fine  not  exceeding  one 
hundred  dollars  and  costs  of  prosecution,  or  if  such  fine  be  not  paid,  then 
by  imprisonment  in  the  county  jail  for  not  exceeding  fifty  days;  and  for 
a  third  or  any  subsequent  offense  he  shall  be  punished  by  a  fine  not  exceed- 
ing one  hundred  fifty  dollars  and  costs  of  prosecution,  or  by  imprisonment 
in  the  county  jail  for  a  period  not  exceeding  seventy-five  days,  or  by  both 
such  fine  and  imprisonment.  The  term  "county  jail"  as  referred  to  in 
this  section,  shall  be  construed  to  mean  the  county  jail  of  any  county  where 
the  violation  of  any  of  the  provisions  of  this  Act  shall  occur. 

Sec.  30.  Every  person  who  takes  or  uses  without  authority  any  vehicle 
without  intent  to  steal  the  same,  or  who  shall  be  a  party  to  any  such  unau- 
thorized taking  or  using,  upon  conviction  thereof,  shall  be  punished  by 
imprisonment  in  the  state  prison  for  not  more  than  two  years,  or  by  a  fine 
of  not  more  than  five  hundred  dollars ;  provided,  that  in  case  of  first  offense 
the  court  may  in  its  discretion  reduce  the  punishment  to  imprisonment  in 
the  county  jail  for  not  more  than  six  months,  or  a  fine  of  not  more  than 
two  hundred  dollars ;  provided  further,  that  the  provisions  of  this  Act 
shall  be  construed  to  apply  to  any  person  or  persons  employed  by  the 
owner  of  said  vehicle  or  anyone  else,  who,  by  the  nature  of  his  employment, 
shall  have  the  charge  of  or  the  authority  to  drive  said  vehicle  if  said 
vehicle  is  driven  or  used  without  the  owner's  knowledge  or  consent,  and 
when  so  driven  the  owner  thereof  shall  not  be  responsible. 

Sec.  31.  Local  authorities  shall  have  no  power  to  pass,  enforce  or  main- 
tain any  ordinance,  rule  or  regulation,  (1)  requiring  of  any  owner  or  oper- 


REPORT  OP  STATE  HIGHWAY  ENGINEER  21 

ator  of  a  vehicle  any  license  fee  or  permit  to  use  the  public  highways,  or 
excluding  or  prohibiting  any  vehicle  whose  owner  has  complied  with  this 
Act  from  the  free  use  of  streets,  roads  and  highways  of  this  state,  except 
such  driveway,  speedway  or  road  as  has  been  or  may  be  expressly  set 
apart  by  law  for  the  exclusive  use  of  horses  and  light  carriages,  or  except 
as  herein  provided;  (2)  affecting  a  slower  rate  of  speed  than  herein 
specified  at  which  such  vehicle  may  be  operated,  or  the  use  of  the  roads, 
streets  and  highways  of  this  state,  contrary  to  or  inconsistent  with  the 
provisions  of  this  Act ;  and  all  such  ordinances,  rules  and  regulations  now 
in  force  are  hereby  declared  to  be  of  no  validity  or  effect ;  provided,  how- 
ever, that  the  local  authorities  may  limit  by  ordinance,  rule  or  regulation 
hereafter  adopted,  the  speed  of  vehicles  on  the  streets  within  their  respec- 
tive corporate  limits,  on  condition  that  such  ordinance,  rule  or  regulation 
shall  also  fix  the  speed  limitation  for  all  vehicles,  not  to  be  in  any  case  less 
than  one  mile  in  six  minutes,  and  on  further  condition  that  local  authorities 
shall  also  have  placed  conspicuously  on  each  main  street,  road  or  highway 
of  this  state  wrhere  the  boundary  of  such  local  authority  crosses  the  same 
and  on  every  main  street  where  the  rate  of  speed  changes,  signs  of  suffi- 
cient size  to  be  easily  readable  by  persons  using  the  same,  bearing  the 

words  "Slow  down  to  miles"  (the  rate  being  inserted),  and  with 

an  arrow  pointing  in  the  direction  where  the  speed  is  to  be  reduced  or 
changed ;  and  provided  further,  that  such  ordinance,  rule  or  regulation 
shall  fix  the  penalties  for  violation  thereof,  similar  to  and  no  greater  than 
those  prescribed  in  this  Act  for  violation  of  speed  limitation  by  vehicles; 
and  provided  further,  that  on  any  portion  of  any  road,  street  or  highway, 
where,  on  account  of  sharp  curvature  or  other  causes,  it  is  deemed  unsafe 
for  vehicles  to  operate  at  the  maximum  speed  allowed  in  this  Act,  or  to 
be  parked  on  such  portion  of  said  highwray,  the  county  court  or  other 
jurisdictional  body  may  regulate  such  speed  or  parking  privilege,  by  ordi- 
nance, rule,  or  regulation  hereafter  adopted,  on  condition  that  said  ordi- 
nance, rule  or  regulation  shall  regulate  all  vehicles  alike,  said  speed  limit 
not  to  be  in  any  case  less  than  one  mile  in  six  minutes,  and  on  further  con- 
dition that  said  jurisdictional  body  shall  cause  to  be  posted  at  either  end 
of  such  portion  of  said  highway,  signs  of  sufficient  size  to  be  easily  read- 
able, setting  forth  the  speed  and  parking  privileges  allowed,  and  stating 
by  whose  order  said  regulations  are  made,  and  thereafter  any  violations 
of  said  order  shall  be  deemed  unlawful  and  shall  be  punishable  as  set  out 
in  Section  29  of  this  Act;  and  provided  further,  that  nothing  in  this  Act 
contained  shall  be  construed  as  limiting  the  power  of  local  authorities  to 
make,  enforce  and  maintain  further  ordinances,  rules  and  regulations 
affecting  vehicles  which  are  used  to  carry  the  public  for  hire. 

Sec.  32.  All  police  judges  or  recorders  of  any  city  or  town,  or  justice 
of  the  peace,  or  district  judges,  of  the  county,  shall  have  jurisdiction  of 
all  violations  of  the  provision [s]  of  this  Act,  excepting  Section  30  hereof, 
committed  within  their  respective  city,  town  or  county. 

Sec.  33.  Any  police  officer  of  any  city,  any  marshal,  deputy  marshal 
or  watchman  of  any  incorporated  village,  or  any  sheriff  or  deputy  sheriff 
of  any  county,  or  any  constable  of  any  township,  shall  have  full  power  and 
authority  within  the  limits  of  their  jurisdiction  to  arrest  any  person  known 
personally  to  any  such  officer,  to  have  violated  any  of  the  provisions  of 
this  Act,  and  to  immediately  bring  such  offender  before  any  magistrate 
having  jurisdiction,  and  any  such  person  so  arrested  shall  have  the  right  to 


22  REPORT  OF  STATE  HIGHWAY  ENGINEER 

an  immediate  trial  and  all  other  rights  given  to  any  person  arrested  for 
having  committed  a  misdemeanor;  and  if  such  hearing  can  not  then  be 
had,  be  released  from  custody  on  giving  his  personal  undertaking  to  appear 
in  answer  to  such  violation  at  such  time  and  place  as  shall  then  be  indi- 
cated, secured  by  the  deposit  of  a  sum  equal  to  the  maximum  charged,  or 
in  lieu  thereof  by  leaving  the  vehicle  being  operated  by  such  person  with 
such  officer ;  or  in  case  such  officer  be  not  accessible,  be  forthwith  released 
from  custody  on  giving  his  name  and  address  to  the  officer  making  such 
arrest  and  depositing  with  such  officer  a  sum  equal  to  the  maximum  fine 
for  the  offense  for  which  such  arrest  is  made,  or  in  lieu  thereof  by  leaving 
the  vehicle  being  operated  by  such  person  with  such  officer ;  provided,  that 
in  such  case  the  officer  making  such  arrest  shall  give  a  receipt  in  writing 
for  such  sum  or  vehicle  and  notify  such  person  to  appear  before  the  most 
accessible  magistrate,  naming  him,  on  that  or  the  following  day, 
specifying  the  place  and  hour.  In  case  security  shall  be  deposited  as  in  this 
section  provided,  it  shall  be  returned  to  the  person  forthwith  on  such 
person  being  admitted  to  bail. 

Sec.  34.  Certifying  Convictions  to  the  Secretary  of  State.  Upon  the 
conviction  of  any  person  for  violation  of  any  of  the  provisions  of  this  Act, 
the  magistrate  or  other  judicial  officer  before  whom  the  proceedings  are 
held  shall  immediately  certify  the  facts  of  the  case,  including  the  name  and 
address  of  the  offender,  the  character  of  the  punishment  and  the  amount 
of  any  fine  imposed  and  paid,  to  the  Secretary  of  State,  who  shall  enter 
the  same  either  in  the  book  or  index  of  registered  chauffeurs,  as  the  case 
may  be,  opposite  the  name  of  the  person  so  convicted,  and  in  the  case  of 
any  other  person  in  a  book  or  index  of  offenders  to  be  kept  for  such  pur- 
pose in  alphabetical  order.  The  Secretary  of  State  shall  send  notices  of  all 
convictions  for  violations  of  this  Act,  with  the  names  and  addresses  of  the 
persons  convicted  and  the  judgments  of  the  court  on  such  convictions,  to 
the  county  clerk  of  every  county  in  this  state,  who  shall  enter  the  same 
on  the  list  of  registered  vehicles  or  registered  chauffeurs,  as  the  case  may 
be,  opposite  the  name  of  the  person  convicted,  or  on  a  list  of  other  offenders, 
which  he  shall  maintain  in  his  office  as  a  public  record  in  the  same  manner 
as  the  lists  of  registered  vehicles  and  chauffeurs,  and  on  due  application, 
furnish  copies  of  such  lists  to  the  magistrates  or  other  judical  officers  of 
his  county  before  whom  violations  of  the  provisions  of  this  Act  are  triable. 
If  any  such  conviction  shall  be  reversed  upon  appeal  therefrom,  the  person 
whose  conviction  has  been  so  reversed  may  serve  on  the  Secretary  of  State 
a  certified  copy  of  the  order  of  reversal,  whereupon  the  Secretary  of  State 
shall  enter  the  same  in  the  proper  book  or  index  in  connection  with  the 
record  of  such  conviction,  and  shall  also  notify  each  county  clerk  of  the 
same. 

Sec.  35.  All  fines,  penalties  or  forfeitures  collected  for  violations  of 
any  of  the  provisions  of  this  Act  shall  be  paid  over  by  the  judge,  magistrate 
or  other  judicial  officer  collecting  the  same  to  the  county  treasurer  of  the 
county  in  which  such  violation  was  committed,  and  all  moneys  paid  to 
the  county  treasurer  pursuant  to  the  provisions  of  this  section  shall  be 
appropriated  and  paid  into  the  general  road  fund  of  the  county. 

Sec.  36.  All  fees  paid  to  the  Secretary  of  State,  as  provided  in  this 
Act,  shall  be  turned  over  to  the  State  Treasurer  and  applied  to  a  fund  which 
shall  be  known  as  "The  Motor  Vehicle  Fund." 

Sec.  37.    The  Secretary  of  State  shall  purchase  the  necessary  station- 


REPORT  OP  STATE  HIGHWAY  ENGINEER  23 

ery,  books,  number  plates,  'badges,  postage,  and  provide  for  the  printing 
and  other  necessary  incidental  expenses  and  the  employment  of  the  neces- 
sary clerical  aid  to  fully  carry  out  the  objects  and  purposes  of  this  Act; 
and  the  Secretary  of  State  is  hereby  directed  to  draw  his  warrant  for  any 
of  said  claims  against  "The  Motor  Vehicle  Fund"  and  the  State  Treasurer 
is  hereby  directed  to  pay  the  same  out  of  said  fund. 

Sec.  38.  Any  sum  of  money  or  balance  that  shall  be  or  remain  in  "The 
Motor  Vehicle  Fund"  on  the  thirty-first  day  of  December  of  each  year 
after  the  payment  of  the  claims  of  said  year  under  the  provisions  hereof, 
shall  be  remitted  and  transferred  by  the  Secretary  of  State  to  the  county 
treasurers  of  the  various  counties  of  the  State  of  Oregon  in  proportion 
to  the  amount  of  such  fund  which  shall  have  been  received  from, each 
county  for  licenses,  and  all  moneys  so  returned  to  and  remitted  to  such 
county  treasurers  by  the  State  Treasurer  shall  be  appropriated  and  paid 
into  and  be  and  become  a  part  of  the  general  road  fund  of  such  county; 
provided,  however,  that  if  the  State  of  Oregon  shall  accept  the  benefits 
of  the  Act  passed  by  the  Sixty-fourth  Congress  of  the  United  States, 
entitled  "An  Act  to  provide  that  the  United  States  shall  aid  the  states  in 
the  construction  of  rural  post  roads,  and  for  other  purposes,"  according  to 
the  terms  thereof,'  any  such  sum  of  money  or  balance  that  shall  be  or 
remain  in  "The  Motor  Vehicle  Fund"  on  the  thirty-first  day  of  December 
of  each  year  while  an  Act  accepting  such  Act  of  Congress  shall  be  in 
force,  shall  be  used  for  the  purposes  thereof,  and  the  Secretary  of  State 
is  hereby  directed  to  pay  over  said  sum  or  balance  to  such  board,  commis- 
sion or  person  provided  for  or  created,  and  in  such  manner  as  the  Act 
accepting  such  benefits .  shall  provide. 

Sec.  39.  This  Act  shall  be  known  as  the  "Oregon  Motor  Vehicle  Law" 
and  shall  take  effect  on  the  first  day  of  August,  1917. 

Sec.  40.  The  purpose,  object  and  intent  of  this  Act  is  to  provide  a 
comprehensive  system  for  the  regulation  of  all  motor  and  other  vehicles 
in  this  state,  except  that  nothing  herein  contained  shall  be  deemed  to  apply 
to  traction  engines,  road  rollers,  fire  wagons  and  fire  engines. 

Sec.  41.  Section  6359  of  Lord's  Oregon  Laws  and  all  Acts  and  parts 
of  Acts  upon  the  regulation  of  motor  vehicles  and  drivers  and  operators 
thereof,  in  conflict  herewith,  are  each  and  every  one  of  them  hereby 
expressly  repealed. 

Sec.  42.  The  provisions  in  this  Act  contained  are  declared  to  be  an 
exercise  of  the  police  powers  of  the  State  of  Oregon. 


CHAPTER  221 

Be  It  Enacted  by  the  People  of  the  State  of  Oregon : 

Section  1.  As  soon  after  the  taking  effect  of  this  Act  as  practicable 
the  State  Highway  Commission  shall  adopt  standard  specifications  for  lay- 
ing and  constructing  the  several  kinds  of  hard  surface  pavements  which 
the  Commission  deems  suited  and  adapted  to  the  needs  of  the  state  includ- 
ing asphaltic  concrete  pavement  and  hydraulic  concrete  pavement  and  none 
of  which  specifications  shall  infringe  any  patented  pavement  or  pave- 
ments ;  and  the  State  Highway  Commission  thereupon  shall  furnish  copies 
of  all  such  specifications  to  each  county  court  or  board  of  county  com- 


24  REPORT  OF  STATE  HIGHWAY  ENGINEER 

missioners  in  the  state.  All  such  specifications  shall  provide  the  quantity 
and  proportions  of  the  several  materials  and  ingredients  composing  each 
of  such  pavements  and  the  kind,  quality  and  standard  of  the  materials  and 
ingredients  therein  and  the  manner  of  determining  and  testing  such  mate- 
rials and  ingredients  for  quality  and  standard  and  shall  provide  the  man- 
ner of  laying  and  constructing  the  pavement  and  mixing  and  preparing  the 
materials  and  ingredients  thereof,  all  in  conformity  with  the  best  approved 
engineering  practices  to  the  end  that  the  public  body  charged  with  the 
responsibility  of  improving  any  highway  with  any  such  pavement  may 
secure  the  construction  of  highways  in  strict  compliance  with  the  specifica- 
tions under  which  the  work  may  be  done. 

Sec.  2.  Whenever  it  is  proposed  to  improve  any  road  or  highway  with 
a  hard  surface  pavement  including  asphaltic  concrete  pavement  and 
hydraulic  concrete  pavement,  the  State  Highway  Commission,  the  county 
court,  or  board  of  county  commissioners  as  the  case  may  be,  shall  invite 
bids  and  proposals  in  the  manner  now  provided  by  law  for  making  such 
improvement  upon  specifications  adopted  by  the  State  Highway  Commis- 
sion and  shall  let  the  contract  for  making  such  improvement  to  the  lowest 
responsible  bidder  upon  the  specifications  set  forth  or  referred  to  in  the 
notice  and  advertisement  for  proposals  and  bids  except  as  provided  in 
Sections  3  and  4  of  this  Act. 

Sec.  3.  Any  person,  firm  or  corporation  in  response  to  the  notice  and 
advertisement  for  bids  referred  to  in  Section  2  of  this  Act  may  under  the 
conditions  imposed  upon  bidders  in  the  notice  inviting  such  bids  or  by  law, 
submit  a  proposal  and  bid  to  make  the  improvement  with  a  patented  pave- 
ment or  unpatented  pavement  of  special  design  of  the  character  and  type 
described  in  such  notice  that  every  such  proposal  and  bid  to  make  the 
proposed  improvement  with  a  patented  pavement  or  unpatented  pavement 
of  special  design  shall  be  accompanied  by  and  there  shall  be  submitted 
therewith  specifications  for  laying  and  constructing  such  patented  pave- 
ment or  unpatented  pavement  of  special  design,  providing  the  quantity 
and  proportion  of  the  several  materials  and  ingredients  composing  said 
patented  pavement  or  unpatented  pavement  of  special  design,  and  the 
kind,  quality  and  stardard  of  the  materials  and  ingredients  to  be  used 
therein  and  providing  that  the  quality  and  standard  of  such  materials 
and  ingredients  shall  be  determined  and  tested  in  the  manner  provided  by 
the  standard  specifications  of  the  State  Highway  Commission  and  shall 
also  provide  the  manner  of  laying  and  constructing  the  pavement  and 
mixing,  and  preparing  the  materials  and  ingredient^  thereof,  all  with  the 
same  minuteness  of  detail  as  is  provided  in  the  standard  specifications  of 
the  State  Highway  Commission. 

Sec.  4.  If  in  response  to  a  notice  or  advertisement  for  bids  for  making 
any  highway  improvement  any  person,  firm  or  corporation  shall  submit 
a  bid  and  proposal  to  make  the  same  with  a  patented  pavement,  or  unpat- 
ented pavement  of  special  design,  and  after  full  consideration  the  State 
Highway  Commission,  county  court  or  board  of  county  commissioners  as 
the  case  may  be  shall  be  of  the  opinion  such  patented  pavement,  or  unpat- 
ented pavement  of  special  design,  with  which  such  bidder  proposes  to 
make  the  improvement,  is  as  good  or  better  than  the  pavement  provided 
for  in  the  standard  specifications  of  the  State  Highway  Commission  in 
durability  and  utility  and  the  bid  submitted  is  as  low  or  lower,  in  the 
judgment  of  the  State  Highway  Commission,  county  court  or  commis- 


REPORT  OP  STATE  HIGHWAY  ENGINEER  25 

sioners'  court,  taking  into  consideration  the  utility,  material,  and  specifica- 
tions submitted  with  any  such  bid,  than  any  bid  submitted  upon  said  stan- 
dard specifications,  the  State  Highway  Commission,  county  court  or  board 
of  county  commissioners  may  award  the  contract  to  the  responsible  person, 
firm  or  corporation  submitting  the  best  bid  in  the  estimation  of  the  State 
Highway  Commission,  county  court,  or  board  of  county  commissioners,  for 
making  the  improvement  with  such  patented  pavement,  or  unpatented  pave- 
ment of  special  design ;  provided  that  the  Highway  Commission,  county 
court  or  board  of  county  commissioners  may  reject  any  and  all  bids. 


CHAPTER  237 

Be  It  Enacted  by  the  People  of  the  State  of  Oregon : 

ARTICLE  I 
Title  and  Definitions 

Section  1.     This  Act  shall  be  known  as  the  Oregon  Highway  Law. 

Sec.  2.  The  term  "State  Highway  Commission,"  "the  Commission," 
and  "Commission"  shall  be  taken  and  deemed  to  mean  the  State  Highway 
Commission  created  by  this  Act. 

Sec.  3.  Federal  Funds ;  Rural  Post  Roads.  "Federal  Funds"  shall  be 
taken  and  deemed  to  mean  funds  provided  by  the  United  States  of  America 
for  cooperative  road  work  with  states  and  municipal  subdivisions  thereof, 
under  and  by  virtue  of  the  Act  of  Congress  approved  July  11,  1916,  entitled 
"An  Act  to  provide  that  the  United  States  shall  aid  the  states  in  the  con- 
struction of  rural  post  roads,  and  for  other  purposes"  (39  U.  S.  Statutes 
at  Large,  p.  355),  and  other  Acts  of  Congress  for  similar  purposes.  "Rural 
Post  Roads"  shall  be  taken  and  deemed  to  mean  rural  post  roads  as  defined 
in  said  Act  of  Congress. 

Sec.  4.  Roads;  Highway;  State  Highway.  Where  the  terms  "road" 
or  "highway"  are  used  they  shall  be  taken  and  deemed  to  include  necessary 
bridges  and  culverts,  and  they  shall  not  be  taken  or  deemed  to  mean  or 
include  city  streets.  "State  Highway"  shallbe  taken  and  deemed  to  mean 
any  road  or  highway  designated  as  such  by  the  Commission  or  by  law. 

Sec.  5.  County  Court  The  term  "County  Court"  as  used  here  and 
elsewhere  in  this  Act,  is  intended  to  cover  and  include  all  county  officers 
or  boards  now  or  hereafter  charged  by  law  with  the  duty  of  building,  con- 
struction, repair,  alteration  or  maintenance  of  roads  and  bridges. 

Sec.  6.  State  Highway  Department.  The  State  "Highway  Department" 
shall  consist  of  the  State  Highway  Commission,  the  State  Highway 
Engineer,  and  all  their  employes. 

ARTICLE  II 

The  Highway  Commission;  Powers;  Duties 

Section  1.  Highway  Commission.  There  is  hereby  created  a  State 
Highway  Commission,  which  shall  consist  of  three  members  to  be  appointed 
by  the  Governor,  one  from  each  Congressional  District  of  the  state,  to  hold 
office  for  a  period  of  three  years ;  provided,  however,  that  the  members 
forming  the  first  Commission  hereunder,  who  shall  be  appointed  within 


26  REPORT  OF  STATE  HIGHWAY  ENGINEER 

thirty  days  after  the  passage  of  this  Act,  shall  serve  as  follows:  One 
Commissioner  up  to  and  including  March  31,  1918,  and  one  Commissioner 
up  to  and  including  March  31,  1919,  and  one  Commissioner  up  to  and 
including  March  31,  1920.  Before  the  expiration  of  the  term  of  a  Com- 
missioner, the  Governor  shall  appoint  his  successor  to  assume  his  duties 
on  April  first  next  following;  provided,  however,  in  case  of  a  vacancy 
for  any  cause,  the  Governor  shall  make  an  appointment  to  become  imme- 
diately effective  for  the  unexpired  term ;  said  successor  to  be  appointed 
from  the  same  Congressional  District  in  which  the  vacancy  occurs. 

Each  member  of  the  Commission  shall  be  allowed  his  actual  traveling 
and  other  necessary  expenses  incurred  in  performing  the  duties  of  his 
office. 

Sec.  2.  Bond.  Each  member  of  the  Commission  shall  give  a  good  and 
sufficient  bond  to  the  state  for  five  thousand  dollars  ($5,000.00)  condi- 
tioned upon  the  faithful  performance  of  the  duties  of  his  office,  the  bond 
to  be  approved  by  the  Governor  and  Attorney  General,  and  the  premium 
to  be  paid  from  the  state  road  fund. 

Sec.  3.  Organization ;  Rules.  Said  Commission  shall  first  meet  at 
the  call  of  the  Governor  as  soon  as  practicable  after  the  passage  of  this 
Act,  and  shall  select  a  chairman  who  shall  preside  at  all  meetings  thereof ; 
and  appoint  a  state  highway  engineer,  hereinafter  in  this  Act  called  the 
"engineer,"  who  shall  be  a  competent  civil  engineer  and  qualified  by  a 
technical  training  as  well  as  practical  construction  experience  in  highway 
work.  The  engineer  shall  hold  office  during  the  pleasure  of  the  Commis- 
sion, but  for  a  period  not  to  exceed  four  (4)  years  without  reappointment ; 
shall  receive  an  annual  salary  to  be  fixed  by  the  Commission  not  to  exceed 
five  thousand  dollars  ($5,000.00)  payable  in  monthly  instalments,  together 
with  such  actual  traveling  and  other  necessary  expenses  as  may  be 
incurred  in  the  official  discharge  of  his  duties ;  and  shall,  before  entering 
upon  the  discharge  of  his  duties,  execute  a  good  and  sufficient  bond  in  the 
sum  of  ten  thousand  dollars  ($10,000.00)  which  shall  be  approved  by  the 
Commission  and  filed  in  the  office  of  the  Secretary  of  State.  Said  Com- 
mission shall  provide  the  engineer  with  offices  and  sufficient  equipment 
to  discharge  his  duties  as  prescribed  by  said  Commission  and  this  Act. 

A  majority  of  the  commissioners  shall  constitute  a  quorum  to  transact 
business,  and  the  act  or  decision  of  any  two  of  the  commissioners  shall  be 
deemed  the  act  or  decision  of  the  commission.  No  vacancy  shall  impair 
the  right  of  the  remaining  commissioners  to  exercise  all  the  powers  of  the 
Commission ;  provided,  however,  upon  the  selection  of  state  highways  here- 
inafter provided  for,  the  decision  of  the  Commission  must  be  unanimous, 
and  in  case  said  commissioners  are  unable  to  so  agree,  the  Governor  of 
the  State  of  Oregon  shall  have  the  right  to  vote  as  a  member  of  said 
Commission. 

The  Commission  shall  employ  such  clerks,  officers  and  assistants  to  said 
engineer,  at  such  salaries  and  for  such  terms  as  appear  necessary;  pro- 
vided, however,  the  total  cost  in  any  one  year  of  maintaining  the  Com- 
mission for  salaries  or  other  overhead  expenses  shall  not  exceed  ten  per 
cent  of  the  total  funds  available  to  the  Commission  that  year  for  its  work. 
Said  clerks,  officers  and  assistants  shall  take  the  prescribed  oath  of  office 
before  entering  upon  their  official  duties.  The  State  Highway  Commission 
and  the  state  highway  engineer  and  all  their  employes  shall  be  designated 
as  the  State  Highway  department,  which  is  hereby  established. 


REPORT  OF  STATE  HIGHWAY  ENGINEER  27 

Sec.  4.  Offices.  The  Commission  shall  be  provided  by  the  Secretary 
of  State  with  suitable  offices  in  the  State  Capitol,  and  its  offices  shall 
be  kept  open  at  such  times  as  the  business  of  the  Commission  and  the 
convenience  of  the  public  shall  require.  Such  offices  shall  be  conveniently 
and  properly  furnished,  and  shall  be  the  repository  for  all  the  records  of 
the  Commission. 

Sec.  5.  Powers  and  Duties  of  Commission.  Said  Commission  shall 
have  the  power  to  carry  out  the  provisions  of  this  Act,  and  its  duties  shall 
be  such  as  are  provided  herein.  The  Commission  is  hereby  authorized  to 
make  such  rules  and  regulations  as  it  may  deem  necessary.  Said  Commis- 
sion shall  have  general  supervision  over  all  matters  pertaining  to  construc- 
tion of  state  highways,  letting  of  contracts  therefor  and  the  selection  of 
materials  to  be  used  in  the  construction  of  state  highways,  under  the 
authority  of  this  Act.  Said  Commission  shall  meet  at  such  times  and  for 
such  periods  in  the  office  of  the  Highway  department,  or  at  such  other 
place  as  it  may  select,  for  the  transaction  of  any  business  that  may  be 
necessary  for  the  satisfactory  execution  of  the  provisions  of  this  Act.  The 
Commission  shall  also  determine  and  adopt  the  general  policy  of  the  High- 
way department  and  decide  the  questions  relating  to  the  administration  of 
the  department.  The  Commission  shall  publish  an  annual  report  to  the 
Governor  containing  the  report  of  the  engineer  and  such  general  informa- 
tion as  may  appear  desirable  regarding  the  construction,  improvement  or 
maintenance  of  highways  and  bridges ;  and  other  information  gathered  and 
available  in  the  office  of  the  Highway  department.  Said  Commission 
shall  designate,  construct  or  cause  to  be  constructed  a  system  of  state  high- 
ways within  the  State  of  Oregon,  which  highways  shall  be  designated  by 
number,  and  by  the  point  of  beginning  and  terminus  thereof.  That  the 
legislature  of  the  State  of  Oregon  hereby  assents  to  the  provisions  of  the  Act 
of  Congress,  approved  July  11,  1916,  entitled  "An  Act  to  provide  that  the 
United  States  shall  aid  the  states  in  the  construction  of  rural  post  roads, 
and  for  other  purposes"  (39  U.  S.  Statutes  at  Large,  p.  3.55).  The  State 
Highway  department  is  hereby  authorized  to  enter  into  all  contracts  and 
agreements  with  the  United  States  government  relating  to  the  survey,  con- 
struction or  improvement  and  maintenance  of  roads  under  the  provisions 
of  said  Act.  of  Congress,  to  submit  such  scheme  or  program  of  construction 
or  improvement  and  maintenance  as  may  be  required  by  Secretary  of  Agri- 
culture, and  do  all  other  things  necessary  fully  to  carry  out  the  coopera- 
tion contemplated  and  provided  for  by  said  Act.  For  the  construction  or 
improvement  and  maintenance  of  rural  post  roads  the  good  faith  of  the 
state,  is  hereby  pledged  to  make  available  funds  sufficient  to  equal  the 
funds  apportioned  to  the  state  by  or  under  the  United  States  government 
during  each  of  the  five  years  for  which  federal  funds  are  appropriated  by 
Section  3  of  the  said  Act,  and  to  maintain  the  roads  constructed  or  improved 
with  the  aid  of  funds  so  appropriated,  and  to  make  adequate  provisions 
for  carrying  out  such  maintenance.  The  good  faith  of  the  state  is  further 
pledged  to  make  available  funds  at  least  sufficient  when  combined  with 
the  funds  made  or  to  be  made  by  the  several  counties  to  equal  the  sum 
apportioned  to  the  state  by  the  Secretary  of  Agriculture  under  the  rules 
and  regulations  approved  by  him  for  carrying  out  Section  8  of  the  Act  of 
Congress ;  provided,  that  funds  made  so  available  from  the  State  Highway 
fund  shall  be  spent  only  upon  the  highways  comprising  the  system  of 
state  roads  and  the  good  faith  of  the  State  is  further  pledged  to  maintain 


28  REPORT  OF  STATE  HIGHWAY  ENGINEER 

such  roads  and  to  make  adequate  provisions  for  carrying  out  such  main- 
tenance, and  other  Acts  of  Congress  for  similar  purposes. 

Sec.  6.  Highway  Engineer;  Duties.  The  State  highway  engineer  shall 
keep  a  record  of  all  proceedings  and  transactions  of  the  Highway  depart- 
ment, and  shall,  so  far  as  he  is  able  under  the  provisions  of  this  Act,  com- 
pile statistics  relative  to  the  public  highways  throughout  the  state,  and 
shall  collect  all  information  in  regard  thereto  which  he  may  deem  impor- 
tant. Said  engineer  shall  keep  on  file  copies  of  all  plans,  specifications 
and  estimates  prepared  by  his  office.  He  shall  cause  to  be  made  and  kept 
in  his  office  a  general  highway  plan  of  the  state,  and  shall  collect  informa- 
tion and  compile  statistics  relative  to  the  mileage,  character  and  conditions 
of  the  highways  and  bridges  in  the  different  counties  in  the  state.  Said 
engineer  shall,  under  the  direction  of  the  Commission,  investigate  and 
determine  the  methods  of  road  construction  best  adapted  to  the  various 
counties,  giving  due  regard  to  the  topography,  natural  character  and  avail- 
ability of  road  building  materials  and  the  cost  of  building  and  maintain- 
ing roads  under  the  provisions  of  this  Act.  Said  engineer  shall  prepare 
surveys,  plans,  specifications  and  estimates  for  the  materials  to  be  used 
in  and  the  manner  or  method  of  construction  of  any  highway  constructed 
under  the  provisions  of  this  Act,  subject  to  the  approval  of  said  Commis- 
sion, and  in  advertising  for  bids  on  any  such  highway  it  shall  be  the  duty 
of  said  Commission  to  invite  bids  in  conformity  with  such  plans  and  specifi- 
cations. Such  advertisment  for  bids  shall  be  in  accordance  with  the  regula- 
tions adopted  by  said  Commission,  but  awards  of  contracts  for  the 
construction,  improvement,  repair  or  maintenance  of  said  highways  shall 
be  made  by  said  Commission  to  the  lowest  and  best  responsible  bidder 
upon  the  kind  of  material  or  materials  selected  by  said  Commission ;  pro- 
vided, however,  that  any  or  all  bids  may  be  rejected  if  it  appears  to  the 
best  interests  of  the  state.  If  no  satisfactory  bid  is  received,  new  bids  may 
be  called  for,  or  the  work  may  be  done  without  letting  to  contract,  as  may 
be  determined  by  the  Commission.  On  work  involving  an  expenditure  of 
less  than  two  thousand  dollars  ($2,000.00)  it  shall  be  discretionary  with 
the  Highway  Commission  whether  such  construction,  improvement  or  repair 
shall  be  let  by  contract  or  be  performed  by  day  labor.  On  such  wrork  per- 
formed by  the  state  by  day  labor,  the  engineer  shall  be  held  responsible  for 
the  economical  prosecution  of  the  work. 

Said  engineer  shall  keep  an  accurate  and  detailed  account  of  all  moneys 
expended  in  the  construction  of  all  highways  and  roads  which  are  con- 
structed under  his  general  supervision,  direction  and  control,  and  shall 
keep  a  record  of  the  number  of  miles  so  constructed  in  each  county,  the 
date  of  construction,  the  width  of  such  roads  and  the  cost  per  mile  of  con- 
struction. On  all  state  highways  and  on  county  roads  constructed  under 
his  supervision  a  simple  but  adequate  accounting  system  shall  be  installed 
in  order  that  all  expenditures  and  costs  may  be  classified  as  the  work 
progresses.  Partial  payments  shall  be  allowed  and  made  on  contracts  for 
highway  improvement  based  upon  estimates  prepared  and  certified  to  by 
the  engineer  and  approved  by  the  Commission,  but  not  more  than  eighty- 
five  (85)  per  cent  of  the  contract  price  of  the  work  completed  shall  be  paid 
before  the  completion  of  the  contract  and  its  acceptance  by  the  engineer; 
but  no  such  payment  shall  be  construed  as  acceptance  or  approval  of  such 
work  or  waiver  of  any  defects  therein. 


REPORT  OF  STATE  HIGHWAY  ENGINEER  29 

On  or  before  .the  tenth  day  of  each  month  said  engineer  shall  make 
a  report  to  said  Commission  of  the  work  done  during  the  preceding  calendar 
month,  and  of  the  progress  of  all  work  which  he  may  have  in  charge.  He 
shall  also  prepare  proper  vouchers  covering  claims  for  all  salaries  and 
expenses  of  his  office  and  other  expenditures  authorized  by  the  Commis- 
sion. Such  claims  as  may  be  approved  by  the  Commission  shall  be  indorsed 
by  it  and  be  presented  to  the  Secretary  of  State  for  audit  in  the  same 
manner  as  other  claims  against  the  state. 

Employes  may  be  paid  by  a  payroll,  said  payroll  to  be  prepared  by  the 
engineer,  who  shall  set  forth  the  name  of  each  employe,  the  rate  of  salary 
or  wages,  the  capacity  in  which  each  person  is  employed  and  the  amount 
due  each  employe.  Such  payroll  shall  be  verified  by  the  engineer  and 
approved  by  a  majority  of  the  commissioners.  It  shall  be  the  duty  of  the 
Secretary  of  State  to  audit  such  payroll  and  draw  a  warrant  on  the  State 
Treasurer  for  the  aggregate  amount  allowed  thereon,  in  favor  of  the 
engineer,  whose  duty  it  shall  be  to  deposit  such  warrant  in  a  reputable 
bank  and  immediately  pay  over  the  moneys  received  thereon  to  the  several 
parties  entitled  thereto.  Payroll  checks  issued  by  the  engineer  after  having 
been  properly  indorsed  and  paid  shall  be  filed  in  the  office  of  the  Com- 
mission and  shall  constitute  a  full  receipt  of  payment  for  services  rendered. 
In  addition  to  his  official  bond  the  engineer  shall  furnish  a  payroll  bond 
in  such  sum  as  the  Secretary  of  State  may  direct,  not  less,  however,  than 
the  aggregate  of  the  payrolls  for  the  month  which  the  same  may  cover,  the 
cost  of  said  bond  to  be  paid  by  the  state.  The  payroll  bond  herein  required 
shall  be  filed  in  the  office  of  the  Secretary  of  State. 

Said  engineer  shall  make  an  annual  report  to  said  commission  on  the 
first  day  of  December  of  each  year,  which  shall  set  forth  all  that  has  been 
done  by  the  Highway  department  during  the  period  covered  by  said  report, 
and  all  money  expended  under  his  direction,  and  all  highways  and  roads 
that  have  been  constructed  and  maintained  under  the  direction  of  said 
Commission,  and  all  highways  and  roads  toward  the  construction,  improve- 
ment, maintenance  or  repair  of  which  the  state  has  contributed,  giving  the 
number  of  miles  constructed  in  each  county  and  the  cost  per  mile  of  con- 
struction. The  engineer  shall  prepare  a  map  to  accompany  said  report 
which  shall  show  the  work  performed  during  the  year  to  date,  find  par- 
ticularly the  work  done  under  Sections  six  (6)  and  eight  (8)  of  the  Act 
of  Congress  above  referred  to  in  Section  three  (3),  Article  one  (1)  of  this 
Act.  Said  report  shall  also  include  such  statistics  and  other  information 
as  to  the  matters  falling  within  the  scope  of  the  duties  of  said  engineer 
as  may  be  considered  necessary  by  him,  and  such  suggestions  respecting 
matters  of  legislation  as  he  may  deem  necessary. 

Sec.  7.  Highway  Engineer ;  County  Courts ;  Plans  and  Information. 
Said  engineer  shall  act  in  an  advisory  capacity  to  and  may  be  consulted  by 
the  county  courts  of  the  different  counties  at  all  reasonable  times  in  the 
matter  of  road  construction  or  maintenance.  Upon  request  of  the  county 
court  of  any  county,  said  engineer  shall  cooperate  with  the  county  officials, 
assist  in  the  matter  of  road  improvement,  and  furnish  specifications  for 
any  piece  of  proposed  road  improvement  in  such  county  upon  being  fur- 
nished the  necessary  information  and  data  to  enable  him  to  prepare  such 
specifications;  and  such  specifications  shall  be  so  furnished  free  of  all 
costs  to  such  county.  The  county  court  of  any  county  shall  from  time  to 
time,  upon  the  written  request  of  said  engineer,  furnish  him  with  all  avail- 


30  REPORT  OP  STATE  HIGHWAY  ENGINEER 

able  information,  maps  and  plans  connected  with  the  construction  and 
maintenance  of  public  highways,  culverts  and  bridges  in  their  respective 
localities.  Any  such  county  official  who  shall  wilfully  refuse  to  furnish 
such  information,  maps  or  plans  when  so  called  upon,  shall  be  guilty  of  a 
misdemeanor  and,  upon  conviction  thereof,  shall  be  subject  to  fine  of  not 
less  than  ten  dollars  ($10.00)  nor  more  than  two  hundred  dollars  ($200.00). 
Whenever  any  county  desires  to  construct  or  improve  any  part  of  a  state 
road  lying  within  such  county,  the  county  court  of  such  county  may  make 
application  to  the  State  Highway  Commission  for  the  definite  location  and 
grade  for  such  road,  and  the  state  highway  engineer  shall  cause  such  road 
or  portion  thereof  to  be  definitely  located  and  the  grade  thereof  established, 
and  the  cost  thereof  shall  be  charged  to  such  road  on  the  books  of  the 
State  Highway  department  as  a  part  of  the  cost  of  construction. 

Sec.  8.  Contracts ;  Bonds ;  Convict  Labor.  All  contracts  executed  for 
the  improvement  of  state  highways  shall  be  made  in  the  name  of  the  State 
of  Oregon  and  executed  by  the  Commission,  and  on  all  such  contracts  a 
satisfactory  bond  shall  be  required  of  the  contractor  of  not  less  than  fifty 
(50)  per  cent  of  the  total  amount  of  his  bid,  for  the  faithful  performance 
of  his  contract.  In  case  no  satisfactory  bids  are  received,  new  advertise- 
ments may  be  made,  or  the  work  may  be  performed  by  day  labor  under  the 
direction  of  the  engineer,  subject  to  the  approval  of  said  Commission.  The 
Commission  may  authorize  and  provide  for  the  construction  of  any  highway 
or  part  of  a  highway  by  convict  labor,  and  if  said  Commission  so  author- 
izes and  provides  for  convict  labor,  the  Governor  shall,  upon  its  request, 
detail  from  the  State  Penitentiary  such  convicts  as  in  his  judgment  may 
seem  proper  for  use  in  the  work  of  constructing  such  highway  or  such  part 
of  a  highway;  and  such  convicts  shall  be  delivered  to  said  engineer  on 
such  terms  and  conditions  as  shall  be  prescribed  by  the  parole  board  and 
approved  by  the  Governor.  The  said  Commission  is  hereby  authorized  to 
enter  into  agreement  with  any  county  for  the  furnishing  of  material  or 
materials  for  the  construction  of  any  state  or  county  roads,  and  may 
furnish  any  material  or  materials  necessary  for  the  construction  of  any 
county  or  state  highway. 

Sec.  9.  Rights  of  Way;  Condemnation.  The  rights  of  way  for  state 
highways,  and  roads  improved  or  constructed  under  this  Act,  shall  be 
acquired  by  the  counties  in  which  the  highways  are  situated  by  either 
donation,  purchase,  agreement,  condemnation,  or  through  the  exercise  of 
the  powrer  of  eminent  domain  by  the  county  before  any  contract  shall  be 
let.  In  case  of  neglect  or  refusal  to  so  acquire  said  right  of  way,  the  state 
shall  have  the  power,  through  the  Commission,  to  acquire  said  right  of 
way  either  by  donation,  purchase,  agreement,  condemnation,  or  through 
the  exercise  of  the  power  of  eminent  domain  in  the  same  manner  as  is  pro- 
vided by  law  for  acquiring  property  for  other  public  uses,  and  the  Com- 
mission is  hereby  given  full  power  and  lawful  authority  to  request  the 
Attorney  General  of  the  state,  in  accordance  with  the  provisions  of  Chap- 
ter 45,  Title  I  of  Lord's  Oregon  Laws,  and  other  laws  for  taking  of  prop- 
erty for  public  uses,  to  institute  the  necessary  condemnation  proceedings 
for  acquiring  such  rights  of  way ;  provided,  that  the  State  Highway  depart- 
ment shall  be  reimbursed  by  the  county  in  which  such  right  of  way  may 
lie  for  any  and  all  expense  so  incurred,  by  a  warrant  drawn  by  the  county 
clerk  on  the  county  treasurer,  at  the  order  of  the  county  court,  and  if  not 


REPORT  OP  STATE  HIGHWAY  ENGINEER  31 

so  paid,  same  shall  be  deducted  from  any  funds  due  the  county  from  the 
Highway  department,  or  from  any  state  fund  due  the  county  for  road  work. 

Sec.  10.  State  Highway  Supervision.  All  construction  work  done  by 
counties  upon  any  of  the  state  highways  to  which  the  state  contributes  not 
less  than  twenty-five  per  cent  of  the  cost  of  construction  shall  be  subject 
to  the  supervision  of  the  State  Highway  department. 

All  moneys  raised  by  counties  for  road  purposes,  and  expended  or  to 
be  expended  upon  roads  within  such  counties  other  than  state  highways, 
shall  be  under  the  exclusive  control  of  the  county  courts  of  such  counties. 
Nothing  in  this  Act  contained  shall  be  construed  so  as  to  prohibit  the 
county  from  cooperating  with  the  federal  government  under  Section  8  of 
the  Federal  Aid  Road  Act  for  the  construction  and  maintenance  of  roads 
in  or  partially  within  the  national  forests.  No  part  of  the  State  Highway 
fund  shall  be  expended  upon  other  than  state  highways. 

Sec.  11.  State  Highways,  Maintenance.  The  maintenance  of  state 
highways  constructed  or  improved  under  this  Act  shall  be  under  the  super- 
vision of  the  Highway  department,  on  such  terms  as  may  be  mutually 
agreed  upon  between  the  Commission  and  the  county  court  of  any  county ; 
provided,  however,  that  the  counties  shall  not  pay  more  than  fifty  (50)  per 
cent  of  such  maintenance  cost. 

Sec.  12.  State  Highway  Fund ;  Taxation.  Eacb  year  at  the  time  the 
State  Tax  commission  determines  the  amount  of  tax  to  be  levied  against 
each  county  for  state  purposes  it  shall,  in  addition  to  other  state  taxes, 
make  a  state  levy  against  all  taxable  property  in  each  county  subject  to 
taxation  of  an  additional  amount,  equal  to  one-fourth  mill  on  each  dollar 
of  assessable  property  within  the  county.  Said  tax  shall  be  collected  by 
the  county  and  paid  to  the  State  Treasurer  as  other  state  taxes  are  paid ; 
and  all  moneys  collected  on  said  tax  and  paid  to  said  State  Treasurer  shall 
constitute  and  be  kept  in  a  fund  to  be  known  as  the  "State  Highway 
Fund,"  and  all  moneys  in  said  fund  shall  be  at  the  disposal  and  subject  to 
the  use  of  said  Commission  for  the  purposes  of  this  Act.  All  taxes  hereto- 
fore levied  under  the  provisions  of  Chapter  339  of  the  Laws  of  1913,  and 
thereby  required  to  be  collected  and  paid  into  the  "State  Road  Fund," 
shall  be  collected  as  therein  provided  notwithstanding  the  repeal  of  said 
chapter  by  this  Act,  and  when  received  shall,  with  any  and  all  road  funds, 
become  a  part  of  the  State  Highway  fund. 

Sec.  13.  State  Highway  Fund ;  Apportionment.  The  Commission  shall 
first  set  aside  from  the  highway  fund  of  the  state  an  amount  sufficient  for 
the  salaries  and  expenses  of  the  State  Highway  department ;  then  a  suffi- 
cient amount  to  cover  the  cost  of  operating  and  maintaining  state  high- 
ways which  have  been  constructed  or  improved ;  then  sufficient  funds  to 
meet  the  federal  government  appropriation  and  requirements  of  Sections 
six  (6)  and  eight  (8)  of  the  Act  of  Congress  referred  to  in  Section  three 
(3),  Article  one  (1)  of  this  Act,  or  any  federal  appropriation  that  may  be 
hereafter  provided ;  then  the  remainder  shall  be  used  for  any  purposes  of 
this  Act,  and  the  State  Highway  Commission  is  hereby  authorized  to  enter 
into  cooperative  agreements  and  undertaking  with  any  county  for  the  sur- 
vey, construction,  improvement,  reconstruction,  repair  or  maintenance  of 
any  state  highway  or  part  thereof  upon  such  basis  of  contribution  as  may 
be  agreed  upon  between  them;  provided,  however,  that  any  amounts  or 
sums  as  individual  counties  have  acquired  through  the  issue  of  bonds  and 
expended  since  May  1,  1913,  on  roads  that  are  now  or  may  hereafter  be 


32  REPORT  OF  STATE  HIGHWAY  ENGINEER 

designated  as  state  roads,  or  sections  thereof,  shall  be  considered  and 
treated  as  having  been  contributed  by  such  county  under  any  cooperative 
agreement  hereafter  entered  into  between  the  state  and  the  county. 

Sec.  14.  Transfer  of  Records,  Maps  and  Equipment.  On  the  qualifica- 
tion of  the  members  of  the  State  Highway  Commission  hereby  created,  the 
State  Highway  Commission  created  by  Chapter  339  of  the  General  Laws 
of  Oregon  for  1913,  and  the  state  engineer,  deputy  state  engineer,  state 
highway  engineer,  as  created  by  Chapter  337  of  the  General  Laws  of  Ore- 
gon for  1915,  shall  transfer  to  the  State  Highway  Commission  hereby 
created  all  records,  maps,  equipment,  and  property  of  the  state  pertaining 
to  roads,  bridges,  or  highways  then  in  its  or  their  custody,  or  under  its  or 
their  control,  taking  proper  receipt  therefor,  and  thereafter  all  such 
records,  maps,  equipment,  and  property  shall  be  in  the  custody  and  for 
the  use  of  the  State  Highway  Commission  hereby  created. 

Sec.  15.  Ocean  Shore.  Nothing  in  this  Act  contained  shall  be  deemed 
to  affect  the  character  of  the  shore  of  the  Pacific  Ocean  as  a  public 
highway  as  now  fixed  and  defined  by  law. 

Sec.  16.  Unconstitutionality.  If  any  section,  subdivision,  sentence  or 
clause  in  this  Act  shall  for  any  reason  be  held  unconstitutional,  such  deci- 
sion shall  not  affect  the  validity  or  meaning  of  any  other  portion  of 
this  Act. 

Sec.  17.  Repealing  Clause.  Chapter  339  of  the  General  Laws  of  Ore- 
gon for  1913,  and  Chapter  337  of  the  General  Laws  of  Oregon  for  1915, 
and  all  Acts  and  parts  of  Acts  in  conflict  herewith,  are  hereby  repealed. 

Sec.  18.  Emergency.  It  is  hereby  adjudged  and  declared  that  existing 
conditions  are  such  that  this  Act  is  necessary  for  the  immediate  preserva- 
tion of  the  public  peace,  health  and  safety;  and  an  emergency  is  hereby 
declared  to  exist,  and  this  Act  shall  take  effect  and  be  in  full  force  and 
effect  from  and  after  its  passage  and  approval  by  the  Governor. 


CHAPTER  403 

Be  It  Enacted  by  the  People  of  the  State  of  Oregon : 

Section  1.  That  it  shall  be  unlawful  for  any  person,  firm,  corporation, 
or  association  bidding  upon,  or  entering  into  any  contract  with  the  State 
of  Oregon,  or  with  any  county,  city,  town,  school  district,  road  district  or 
other  public  corporation,  or  quasi-public  corporation,  within  the  State  of 
Oregon,  or  with  any  public  officer  or  officers  in  the  State  of  Oregon,  or  for 
any  agent  of  said  person,  firm,  corporation  or  association  to  enter  into  any 
conspiracy  or  collusion  with  any  person,  firm,  corporation  or  association 
which  tends  to  or  does  lessen  or  destroy  free  competition  in  the  letting 
of  such  contract,  or  to  pay  or  agree  to  pay  to  any  other  bidder,  or  to  any 
public  officer,  directly  or  indirectly,  any  sum  of  money  or  anything  of 
value  in  order  to  obtain  such  contract ;  provided,  that  any  one  or  more  of 
such  persons  shall  have  done  any  act  to  effect  the  object  of  said 
conspiracy  or  collusion. 

Sec.  2.  Any  person  violating  the  provisions  of  this  Act  shall  be  deemed 
guilty  of  a  misdemeanor  and  be  punished  by  a  fine  of  not  more  than 
$5,000.00,  or  by  imprisonment  in  the  county  jail  not  longer  than  six  months, 
or  by  both  such  fine  and  imprisonment. 


REPORT  OP  STATE  HIGHWAY  ENGINEER  33 

Sec.  3.  In  any  action  in  any  court  wherein  the  violation  of  the  fore- 
going provisions  is  at  issue,  no  witness  shall  be  privileged  from  testifying 
to  any  matter,  or  from  producing  any  books,  papers,  or  letters  on  the  ground 
that  the  same  might  or  would  tend  to  render  such  witness  criminally  liable, 
but  such  witness  shall  not  be  prosecuted  for  any  offense  whatever  growing 
out  of  or  connected  with  the  matters  and  things  so  testified  to  or  produced 
by  him ;  provided,  such  witness  shall  not  be  exempt  from  prosecution  for 
perjury  committed  in  so  testifying. 


CHAPTER  423 

Be  It  Enacted  by  the  People  of  the  State  of  Oregon : 

Section  1.  The  State  Highway  Commission  is  hereby  authorized, 
empowered  and  directed,  during  the  next  five  years,  to  sell  the  bonds  of 
the  State  of  Oregon  as  hereinafter  provided,  in  an  amount  sufficient  to 
raise  enough  money  to  meet  the  requirements  of  this  Act.  Provided,  that 
not  more  than  $1,000,000.00  in  bonds  shall  be  issued  hereunder  during  the 
year  1917,  and  that  not  more  than  $2,000.000.00  in  addition  to  any  surplus 
unissued  or  unexpended  over  the  $1,000,000.00  authorized  for  the  year  1917, 
shall  be  issued  during  the  year  1918. 

Sec.  2.  The  State  Highway  Commission  is  hereby  authorized,  empow- 
ered and  directed  to  enter  into  such  contracts,  appoint  such  officials,  and 
do  any  other  act  or  thing  necessary  to  fully  meet  the  requirements  of 
this  Act. 

Sec.  3.  The  Attorney  General  shall  under  the  direction  of  the  State 
Highway  Commission,  prepare  a  form  of  interest-bearing  gold  bond  of  the 
State  of  Oregon,  to  be  sold  in  order  to  provide  funds  for  the  carrying  out  of 
the  purposes  of  this  Act.  Said  bonds  shall  be  numbered  serially,  beginning 
at  Number  1,  and  shall  be  payable  in  the  order  of  their  issuance.  Said 
State  Highway  Commission  is  hereby  authorized,  empowered  and  directed 
to  issue  bonds  of  the  State  of  Oregon  for  the  purpose  of  carrying  out  the 
provisions  of  this  Act  in  an  amount  not  exceeding  $6,000,000.00  of  which 
sum  at  least  $600,000.00  shall  be  issued  in  denominations  of  $500.00  each, 
or  less.  The  bonds  issued  in  any  year  under  the  provisions  of  this  Act 
shall  be  payable  one-twentieth  each  year,  commencing  with  the  sixth  year 
after  the  issuance  thereof.  One-half  of  the  bonds  payable  each  year  shall 
be  payable  on  the  first  day  of  April  and  the  other  half  on  the  first  day  of 
October.  Each  bond  shall  bear  upon  its  face  a  statement  showing  the  date 
of  its  maturity.  Said  bonds  shall  bear  interest  at  the  rate  of  four  per  cent 
per  annum,  payable  semiannually  on  April  first  and  October  first.  Prin- 
cipal and  interest  on  said  bonds  shall  be  payable  at  the  office  of  the  State 
Treasurer  at  Salem,  Oregon,  and  if  said  State  Highway  Commission  shall 
so  direct,  said  bonds  may  also  provide  for  payment  at  some  other  place. 
Said  bonds  shall  be  in  a  form  embodying  an  absolute  promise  of  the  State 
of  Oregon  to  pay  the  amount  thereof  in  gold  coin  of  the  United  States  of 
America  of  the  value  of  weight  and  fineness  of  the  date  of  such  bond,  and 
shall  be  in  such  denomination  as  the  State  Highway  Commission  shall  elect. 
They  shall  be  signed  by  the  Governor,  Secretary  of  State  and  State  Treas- 
urer. Said  bonds  shall  bear  coupons  evidencing  the  interest  to  become  due 
thereon  for  each  instalment  of  such  interest,  upon  which  shall  be  printed 


34  REPORT  OF  STATE  HIGHWAY  ENGINEER 

the  facsimile  of  the  signatures  of  said  officers.  Said  board  may,  at  its 
option,  cause  a  part  or  all  of  said  bonds  to  be  payable  to  the  purchaser 
thereof  and  register  the  name  of  such  purchaser  in  the  office  of  the  State 
Treasurer  and  provide  an  appropriate  indorsement  upon  each  of  such  bonds 
to  the  effect  that  the  same  will  be  paid  only  to  the  owner  appearing  on 
the  register  thereof,  and  providing  a  method  for  reregistering  the  same  as 
the  title  may  be  passed,  and  it  may  also  provide  that  a  part  or  all  of  said 
bonds  shall  be  payable  to  bearer  and  not  subject  to  registration.  Not  less 
than  ten  days  before  the  payment  of  the  principal  or  interest  falls  due  on 
any  of  the  bonds  provided  for  this  Act,  the  State  Highway  Commission 
shall  certify  to  the  State  Treasurer  the  amount  necessary  to  meet  the  pay- 
ment thereof.  Upon  receipt  of  such  certificate  by  the  State  Treasurer  he 
shall  prepare  and  verify  a  claim  for  the  amount  mentioned  therein,  attach- 
ing thereto  said  certificate,  and  present  the  same  to  the  Secretary  of 
State,  who  shall  audit  such  claim,  in  like  manner  as  other  claims  against 
the  state  are  audited  and  pay  the  same  out  of  any  moneys  provided  by 
law  for  the  payment  thereof.  The  State  Treasurer  is  authorized  and 
directed  to  make  any  such  payments  of  principal  or  interest  on  said  bonds  at 
such  places,  other  than  at  Salem,  Oregon,  as  the  State  Highway  Commis- 
sion may  provide.  All  bonds  and  interest  coupons  upon  payment  shall  be 
deposited  by  the  State  Treasurer  with  the  Secretary  of  State  to  be  attached 
to  the  original  claim  of  the  State  Treasurer  for  the  payment  thereof. 

Sec.  4.  The  State  Highway  Commission  shall  provide  such  method  as 
it  may  deem  necessary  for  the  advertisement  of  each  issue  of  said  bonds 
before  the  same  are  sold,  and  shall  also  require  such  deposit  with  bids  as 
may  be  required,  and  generally  shall  conduct  the  sale  and  issuance  of  said 
bonds  under  such  rules  and  regulations  not  inconsistent  with  this  Act  as 
shall  be  adopted  by  said  Commission. 

Sec.  5.  The  money  arising  from  the  sale  of  each  issue  of  bonds  shall 
be  deposited  in  the  state  treasury  to  the  credit  of  a  special  fund,  which 
shall  be  used  in  carrying  into  effect  the  provisions  of  this  Act.  The  Secre- 
tary of  State  is  hereby  authorized  and  directed  to  audit  all  claims  incurred 
in  carrying  out  the  provisions  of  this  Act  in  the  same  manner  as  other 
claims  against  the  state  are  audited  and  pay  the  same  from  any  moneys 
provided  by  law  for  the  payment  thereof  upon  the  submission  of  duly  veri- 
fied vouchers  therefor  approved  by  the  Commission;  provided,  that  bonds 
and  coupons  shall  be  paid  as  is  provided  in  Section  3  hereof. 

Sec.  6.  The  highways  described  in  Sections  6  and  7  of  this  Act  are 
hereby  determined  to  be  the  highways  of  first  importance  to  the  general 
public  of  the  State  of  Oregon.  It  is  hereby  determined  that  the  following 
highways  should  be  permanently  constructed  and  finished  with  a  hard 
surface : 

1.  The  Columbia  River  Highway  from  the  Multnomah  County  line  to 
Astoria,  Seaside,  and  South  in  Clatsop  County  to  the  Tillamook  County 
line.  Inasmuch  as  the  counties  of  Columbia  and  Clatsop  have  already 
expended  large  sums  of  money  in  constructing  the  said  Columbia  Highway 
through  said  counties  and  in  doing  so  have  practically  exhausted  their 
ability  to  raise  money  by  an  issuance  of  county  bonds,  the  State  Highway 
Commission  is  hereby  authorized,  from  the  funds  arising  under  this  Act, 
in  addition  to  paving  said  highway,  to  use  from  said  funds  sufficient  to 
provide  for  the  preparation  of  said  highway  through  said  counties  for  the 
paving  thereof. 


REPORT  OF  STATE  HIGHWAY  ENGINEER  35 

2.  The  Pacific  Highway  from   the  Multnomah   County  line   through 
Washington  County  and  Yamhill  County  by  way  of  Hillsboro,  Forest  Grove, 
McMinnville  to  Dallas,  Monmouth  and  Independence  in  Polk  County;  to 
Corvallis  and  Monroe  in  Benton  County  and  through  Eugene  to  the  north 
line  of  Douglas  County  . 

3.  The   Pacific   Highway   from   the   Multnomah   County  line  through 
Oswego,   Oregon  City   and  Canby  in  Clackamas   County,   thence  through 
Marion  and  Linn  Counties,  to  a  junction  with  the  highway  at  Junction 
City. 

4.  Such  portions  of  the  Columbia  River  Highway  between  the  Multno- 
mah County  line  easterly  through  the  City  of  Hood  River  and  Hood  River 
County   and   through   The  Dalles   and   Wasco  County,   through   Sherman 
County,  through  Gilliam  County,  by  way  of  the  town  of  Arlington  and  up 
the  Columbia   River  to  the  confluence  of  the  Umatilla   River  with   the 
Columbia  River;  thence  up  the  Umatilla  River  through  Hermiston,  Stan- 
field,  Echo  and  Pendleton,  and  thence  by  such  route  as  shall  be  deter- 
mined by  the  State  Highway  Commission  to  La  Grande,  Baker,  and  to  the 
Idaho  line,  as  the  county  courts  of  the  various  counties  affected  shall 
agree  to  prepare  the  road  ready  for  paving.     Provided,  that  inasmuch  as 
the  County  of  Hood  River  has  raised  by  a  bond  issue  and  expended  upon 
said  Columbia  River  Highway  practically  its  full  constitutional  limit,  said 
Commission  may  expend  on  said  Columbia  River  Highway  in  Hood  River 
County,  such  portion  of  the  money  arising  under  this  Act  as  it  may  deem 
proper  in  preparing  said  Columbia  River  Highway  for  paving.    The  various 
county  courts  in  said  counties  in  eastern  Oregon  through  which  said  Colum- 
bia River  Highway  is  projected  shall  agree  with  the  State  Higlfway  Com- 
mission upon  what  portions  of  said  highway  are  to  be  paved  with  a  hard 
surface  paving  and  what  portions  are  to  be  constructed  as  post  roads,  and 
whenever  any  of  said  counties  shall  have  prepared  a  portion  of  said  high- 
way ready  for  paving,  then  the  State  Highway  Commission  shall  proceed 
promptly   to   pave   the   same  under  the  provisions   of  this   Act  and   the 
remainder  thereof  shall  be  improved  as  a  post  road  under  the  provisions 
of  this  Act,  and  such  portion  so  improved  as  a  post  road  shall  not  be 
eligible  for  paving  at  the  expense  of  the  state  under  the  provisions  of 
this  Act. 

5.  The  Pacific  Highway  through  Jackson  County,  where  the  same  has 
not  already  been  paved,  along  the  route  heretofore  adopted  by  the  State 
Highway  Commission.     Inasmuch  as  the  County  of  Jackson  has  already 
expended  large  sums  of  money  in  constructing  said  Pacific  Highway,  and  in 
paving  a  large  portion  thereof,  and  in  so  doing  has  practically  exhausted 
its  ability  to  raise  money  by  an  issuance  of  county  bonds,  the  said  Highway 
Commission  is  hereby  authorized,  from  the  funds  arising  from  this  Act,  in 
addition  to  completing  the  paving  of  said  highway  in  Jackson  County,  to 
use  from  said  funds  sufficient  to  provide  for  completing  the  preparation  of 
said  highway  through  said  county,  for  the  paving  thereof. 

6.  Commencing  on  the  Columbia  River  Highway  at  or  near  Arlington 
in  Gilliam  County,  thence  up  Willow  Creek  in  Morrow  County,  through 
the  cities  of  lone,  Lexington  and  Heppner  in  Morrow  County  and  through 
Pilot  Rock,  Pendleton,  Adams,  Athena,  Weston,  Milton  and  Freewater  in 
Umatilla  County  to  the  Oregon  and  Washington  state  line. 

7.  A  road  from  the  south  line  of  Clatsop  County,  at  the  end  of  its 
highway  described  in  Paragraph  1  hereof,  south  by  Wheeler  to  Garibaldi. 


36  REPORT  OF  STATE  HIGHWAY  ENGINEER 

8.  A  road  from  the  Multnomah  County  line  by  Tigard,  Rex  and 
Newberg  to  McMinnville. 

For  the  purposes  of  this  Act  the  above  highways  are  to  be  known  as 
hard  surfaced  highways. 

Sec.  7.     The  following  highways,  to-wit : 

1.  The  road  running  from  the  north  line  of  Douglas  County  to  the 
Jackson  County  line  over  the  line  of  the  Pacific  Highway  as  adopted  by 
the  State  Highway  Commission ; 

2.  All  that  portion  of  the  Columbia  River  Highway  described  in  the 
fourth  paragraph  of  the  description  of  hard  surfaced  roads  as  described 
in  Section  6  of  this  Act,  which  the  county  courts  of  the  several  counties 
through  which  the  same  is  located  shall  not  determine  to  prepare  for  paving 
with  hard  surfaced  paving  as  is  herein  provided,  shall  be  considered  a 
post  road,  and  eligible  to  improvement  as  such  under  the  provisions  of 
this  Act ; 

3.  A  road  from  Roseburg,  by  Myrtle  Point  and  Coquille  to  Marshfield ; 

4.  A    road    from    the    Pacific    Highway,    from    a    point    at    or    near 
McMinnville,  by  Willamina  to  Tillamook  City ; 

5.  A  road  from  The  Dalles  by  way  of  Dufur,  Maupin  and  Shaniko  to 
Redmond,  Bend  and  from  thence  to  Klamath  Falls ; 

6.  A  road  from  Bend  to  Lakeview ; 

7.  A   road   from   an   intersection  with   the  Columbia  River   Highway 
at  a  point  either  in  Sherman  or  Gilliam  County,  by  way  of  Condon,  Fossil 
and  Spray  and  thence  up  the  John  Day  Valley  to  such  point  as  the  High- 
way Commission  shall  elect,  and  from  thence  to  Vale  and  the  Idaho  line; 

8.  A  road  from  La  Grande  through  Union  and  Wallowa  Counties  to 
Joseph ; 

9.  A   road   from   Bend   through  Burns  and  Harney  to  Vale  shall  be 
known  as  post  roads  and  shall  be  constructed  along  routes  between  said 
certain   points   to  be  agreed   upon   by  the  representatives  of  the  federal 
government,  and  said  State  Highway  Commission.     Said  post  roads  shall 
be  constructed  according  to  specifications  agreed  upon  between  the  repre- 
sentatives of  the  federal  government  and  said  State  Highway  Commission ; 
provided,  that  if  the  Counties  of  Douglas  and  Josephine,  or  either  of  them, 
shall  prepare  any  part  of  the  said  Pacific  Highway,  and  make  same  ready 
for  paving  according  to  the  requirements  of  the  State  Highway  Commis- 
sion, then  said  Commission  shall  immediately  pave  the  road  so  prepared, 
and  such  portion  of  said  road  shall  be  excepted  from  the  classification  as 
a  post  road. 

If  the  County  of  Coos  shall  prepare  and  make  ready  for  paving,  accord- 
ing to  the  requirements  of  the  State  Highway  Commission,  twenty  or  more 
miles  in  length  of  the  post  road  between  Roseburg  and  Marshfield  herein- 
before described,  or  the  County  of  Tillamook  shall  so  prepare  and  make 
ready  for  paving  twenty  or  more  miles  in  length  of  the  post  road  between 
Tillamook  City  and  McMinnville,  and  if  such  portions  of  said  road  in 
either  or  both  of  said  counties,  are  so  prepared,  that  the  same  shall  be 
ready  for  paving  according  to  the  requirements  of  the  State  Highway  Com- 
mission, then  said  Commission  shall  immediately  pave  the  road  so  prepared 
and  such  portion  of  said  road  shall  be  excepted  from  the  classification  as 
a  post  road,  and  such  portion  shall  then  be  classified  as  a  paved  road. 

Sec.  8.  Roads  over  the  following  routes  are  hereby  adopted  and 
designated  as  forest  roads,  to-wit: 


REPORT  OF  STATE  HIGHWAY  ENGINEER  37 

1.  A  road  from  Medford  in  Jackson  County  as  surveyed  and  adopted 
by  the  federal  government  in  cooperation  with  the  State  of  Oregon,  by  the 
way  of  Crater  Lake  to  a  point  in  Klamath  County  to  be  selected  by  the  said 
Highway  Commission  and   the  federal  officials  representing  the  federal 
government,   operating  under  what  is  known   as   the  "Shackelford  Bill." 

2.  A  road  from  a  point  in  Lane  County  to  be  selected  by  the  State 
Highway   Commission  and  the  federal  officials  representing   the  federal 
government,  operating  under  what  is  known  as  the  "Shackelford  Bill,"  by 
way  of  the  Siuslaw  River  to  a  point  in  Coos  County  to  be  selected  by  said 
Highway  Commission. 

3.  A  road  from  Eugene  connecting  the  Willamette  Valley  with  eastern 
Oregon,  by  way  of  the  McKenzie  River  to  Bend. 

4.  A  road  connecting  the  post  road  from  the  Columbia  River  Highway 
up  the  John  Day  Valley  with  the  post  road  between  The  Dalles  and  Bend. 

5.  A  road  from  Albany  via  Lebanon,  Cascadia  and  Fish  Lake  to  Bend. 
No  preference  shall  be  given  in  the  construction,  improving  or  paving 

of  any  of  the  roads  described  herein  by  reason  of  the  numerical  designation 
of  such  roads. 

The  funds  with  which  to  pay  the  portion  of  the  expense  of  construc- 
tion of  said  post  roads  and  forest  roads  payable  by  the  State  of  Oregon, 
shall  be  secured  from  the  sale  of  bonds  as  is  provided  in  House  Bill  No.  21, 
passed  by  the  present  legislative  session,  which  bill  is  entitled  "A  Bill  for 
an  Act  to  accept  the  benefits  of  the  Act  passed  by  the  Sixty-fourth  Con- 
gress of  the  United  States  entitled  'An  Act  to  provide  that  the  United 
States  shall  aid  the  states  in  the  construction  of  rural  post  roads,  and  for 
other  purposes,'  and  to  provide  for  the  issuance  of  bonds  of  the  State  of 
Oregon  to  raise  such  money  as  may  be  required  to  meet  the  requirements 
of  said  federal  statute,  and  to  authorize  the  State  Board  of  Control  to 
take  such  action  and  perform  such  duties  as  may  be  necessary  to  meet  the 
requirements  of  said  Federal  Act  and  federal  officials  acting  under  said 
Act."  Of  the  funds  made  available  by  said  Act  for  post  roads,  at  least 
sixty  per  cent  shall  be  expended  on  the  above  mentioned  post  roads,  in  the 
counties  east  of  the  Cascade  Mountains. 

Provided,  however,  that  the  above  provision  shall  not  be  construed  to 
impair  the  assent  of  the  state  to  the  federal  aid  as  hereinabove  specified, 
and  to  limit  the  necessary  cooperation  between  this  state  and  the  federal 
government  in  the  construction  of  forest  and  post  roads. 

No  description  of  any  highway  provided  for  herein  shall  be  construed 
to  prevent  the  State  Highway  Commission  from  making  such  local  changes 
in  the  location  thereof  as  they  may  deem  proper. 

Sec.  9.  The  State  Highway  Commission  is  also  authorized  to  adopt 
such  other  roads  or  routes  connecting  portions  of  the  state  and  to  provide 
for  the  construction  of  post  roads  or  forest  roads  over  such  routes  and 
the  improvement  and  maintenance  thereof,  and  to  pay  for  the  same  from 
the  fund  created  by  House  Bill  No.  21  referred  to  by  title  and  in  Section 
8  hereof. 

Sec.  10.  The  State  Highway  Commission  is  hereby  authorized,  empow- 
ered, and  directed  whenever  the  county  through  which  any  portion  of  said 
hard  surfaced  roads  may  be  located,  shall  have  constructed  all  or  any 
section  of  any  such  hard  surfaced  roads  in  accordance  with  plans  and 
specifications  prepared  by  the  State  Highway  Commission,  along  routes 
prescribed  by  said  commission,  and  shall  have  provided  for  suitable  drain- 


38  REPORT  OF  STATE  HIGHWAY  ENGINEER 

age  of  said  roads  in  accordance  with  the  requirements  of  said  Commission, 
and  shall  have  prepared  the  foundation  in  accordance  with  the  require- 
ments of  said  Commission,  then  said  Commission  shall  let  contracts,  or 
otherwise  provide  according  to  law  for  the  completion  of  said  hard  sur- 
faced roads,  by  causing  said  roads  to  be  finished  and  hard  surfaced 
according  to  plans  and  specifications  prepared  by  said  Commission,  and 
the  fund  required  therefor  shall  be  derived  from  the  sale  of  said  bonds, 
provided  for  in  Section  3  hereof. 

Sec.  11.  The  State  Highway  Commission  shall  pay  the  interest  upon 
said  bonds  as  the  same  shall  become  due,  from  any  funds  subject  to  its 
control,  from  whatever  source  the  same  may  come,  and  the  payments  upon 
the  principal  of  said  bonds,  as  the  same  shall  become  due,  shall  be  paid  by 
the  State  Highway  Commission  from  any  funds  within  its  control,  without 
regard  to  the  origin  of  said  funds. 

Sec.  12.  Any  surplus  or  unexpended  balance  of  the  fees  received  under 
the  operation  of  House  Bill  No.  509,  passed  by  this  legislative  session, 
which  bill  is  entitled  "For  an  Act  to  amend  Chapter  174  of  the  General 
Laws  of  Oregon  for  1911,  as  amended  by  Chapter  135  of  the  General  Laws 
of  Oregon  for  1913,  and  as  amended  by  Chapter  350  of  the  General  Laws 
of  the  State  of  Oregon  for  1915 ;  providing  for  regulating  the  use,  registra- 
tion, license,  identification,  conduct  and  operation  of i  vehicles  operated  upon 
the  public  roads,  streets  and  highways  of  the  State  of  Oregon ;  to  regulate 
and  license  the  persons  who  drive  the  same ;  to  prescribe  penalties  for  viola- 
tion hereof  and  to  prohibit  the  unauthorized  possession  or  use  of  a  vehicle 
and  to  provide  a  penalty  therefor;  to  license  and  identify  all  motor 
vehicles ;  to  limit  the  authority  of  cities  and  towns  on  like  subjects  con- 
cerned with  said  vehicles ;  to  prescribe  the  duties  of  the  Secretary  of  State 
as  to  certain  provisions  of  this  Act;  to  provide  for  the  handling  and  dis- 
tribution of  the  funds  derived  from  the  operation  of  this  Act  and  to  repeal 
all  Acts  and  parts  of  Acts  in  conflict  herewith,"  remaining  after  the  pay- 
ment of  all  claims  incurred  in  carrying  out  the  provisions  thereof  or 
estimated  by  the  Secretary  of  State  as  necessary  to  defray  any  further 
administrative  expenses  for  the  balance  of  any  license  year,  shall  be  trans- 
ferred on  the  first  day  of  April  and  the  first  day  of  October  in  each  year 
by  the  Secretary  of  State  to  an  account  to  be  expended  under  the  juris- 
diction of  the  State  Highway  Commission  in  payment  of  the  interest  and 
principal  as  same  shall  become  due  upon  bonded  indebtedness  of  the 
State  of  Oregon,  contracted  for  road  purposes  under  the  provisions  of  this 
Act  or  the  provisions  of  the  said  House  Bill  No.  21  referred  to  by  title  in 
Section  8  of  .this  Act.  Any  remainder  of  such  surplus  or  unexpended 
balance  so  transferred  to  the  jurisdiction  of  the  State  Highway  Commis- 
sion shall  be  subject  to  the  payment  of  any  other  lawful  claim  or  claims 
incurred  or  contracted  by  said  Commission. 

Sec.  13.  The  State  Highway  Commission  is  hereby  authorized  and 
empowered  to  enter  into  contracts  for  the  purpose  of  constructing  the  roads 
provided  in  this  Act;  provided,  however,  that  all  contracts  shall  be  let 
according  to  law  and  in  open  and  public  session  of  said  Commission ;  pro- 
vided further,  that  if  in  the  opinion  of  a  majority  of  the  members  of  said 
Commission,  the  lowest  bid  for  the  construction  of  any  of  the  roads 
or  parts  of  roads  herein  authorized  to  be  constructed,  shall  be  excessive, 
then  and  in  that  event,  said  Commission  shall  have  the  right  and  it  is 
hereby  empowered  and  authorized  to  reject  all  bids  and  to  construct  under 


REPORT  OF  STATE  HIGHWAY  ENGINEER 


its  own  direction  and  supervision,  all  of  such  roads  or  any  part  thereof, 
and  to  this  end  and  to  accomplish  this  purpose  said  Commission  is  hereby 
authorized  and  empowered  to  purchase  or  lease  all  necessary  machinery, 
equipment,  tools  and  appliances  and  to  employ  all  necessary  help  and  labor 
and  to  do  all  things  necessary  and  convenient  to  carry  out  the  provisions  of 
this  Act. 

Sec.  14.  This  Act  shall  be  referred  to  the  people  for  their  ratification 
or  rejection  at  a  special  election  to  be  called  in  the  manner  provided  for  by 
law,  said  election  to  be  held  on  the  fourth  day  of  June,  1917,  and  shall  be 
in  full  force  and  effect  as  soon  as  ratified  by  the  people  at  such  election. 

Sec.  15.  On  account  of  the  importance  of  the  early  decision  of  this 
matter  and  the  importance  of  getting  funds  for  construction  of  roads,  this 
Act  is  necessary  to  the  peace,  health  and  safety  of  the  people  of  the  State 
of  Oregon,  and  the  special  election  hereinabove  declared  should  not  be 
delayed  beyond  the  time  hereinabove  set,  and  for  that  reason  an  emergency 
is  declared  to  exist,  and  this  Act  shall  be  in  full  force  and  effect  in  accor- 
dance with  the  terms  and  provisions  therein  set  forth  from  and  after  its 
passage,  as-  regards  said  special  election. 


40 


REPORT  OP  STATE  HIGHWAY  ENGINEER 


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REPORT  OF  STATE  HIGHWAY  ENGINEER 


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42 


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44  REPORT  OF  STATE  HIGHWAY  ENGINEER 


RECONNAISSANCE  SURVEYS 

Project  *  Total  Amount 

Expended 
Baker   County 

Austin   to   Baker $    279.06 

Benton   County 

Corvallis    to    Eddyville 47.56 

Benton  and  Polk  Counties 

Independence   to   Corvallis   47.48 

Clatsop  County 

Tillamook  to  Seaside  397.49 

Columbia  County 

Columbia  River  Highway  in  Columbia.  County  104.87 

Curry   County 

Coast  Highway  in  Curry  County  79.91 

Douglas  County 

Oakland  to  Greene  44.24 

Klamath  County 

Klamath  Falls  to   Olene   27.75 

Lane,  Douglas  and  Coos  Counties 

Eugene  to   Marshfield   804.65 

Lincoln,  Yamhill  and  Tillamook  Counties 

Coast  and  Yamhill-Nestucca  Highways  53.31 

Malheur  County 

John  Day  Highway,  Malheur  County  93.02 

Wasco  County 

Columbia  River  Highway  in  Wasco  County  131.49 

Wasco,  Umatilla,  Sherman,  Gilliam,  Morrow,  Union  and  Baker  Counties 

Hood   River   to   Baker  342.08 

Yamhill  County 

Grand  Ronde  Section  ...  42.46 


Total     $2,495.37 


*Administration  costs  for  all  projects  included  in  summary,  only. 


GENERAL  CHARGES  (Administrative,  Engineering  Supervision,  etc.) 

Item  Total  Amount 

Expended 

Administration     $18.389.13 

Highway    Commission    2,328.35 

Auditing  Office   (Salem)   3,970.94 

Engineering   Office    (Salem)    4,193.50 

Division  Offices    (Pendleton  and  Roseburg) 3,743.70 

District    Engineers 1,505.18 


Total     $34,130.80 


REPORT  OF  STATE  HIGHWAY  ENGINEER 


45 


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46 


REPORT  OF  STATE  HIGHWAY  ENGINEER 


BRIDGES   DESIGNED  NOVEMBER  30,  1916.  TO  NOVEMBER  30,  1917 

Reinforced  concrete  over  Four  Mile  Creek,  Coos  County $  4,500.00 

Reinforced  concrete  over  Bethel  Creek,  Coos  County 1,200.00 

Reinforced  concrete  over  Butte  Creek,  Coos  County.... 1,000.00 

Reinforced  concrete  Overland  Overcrossing,  Coos  County 6,500.00 

Forty-five-foot  wood  A.  frame,  Coos  County 500.00 

Forty-foot  wooden  lift  bridge  over  Haynes  Slough,  Coos  County 4,000.00 

Forty-foot  wooden  lift  bridge  over  North  Slough,  Coos  County 4,000.00 

Forty-foot  wooden  lift  bridge  over  Larson  Slough,  Coos  County 4,000.00 

Eighty-foot-  opening  swing  draw  (wood),  Isthmus  Slough,  Coos 

County  5,500.00 

One  hundred  twenty-six-foot  wooden  bridge  at  Gravel  Ford,  Coos 

County  5,000.00 

Reinforced  concrete  over  crossing  one  mile  north  of  Myrtle  Point, 

Coos  County  4,000.00 

Reinforced  concrete  over  Three  Mile  Creek,  Wasco  County 700.00 

Reinforced  concrete  over  Eight  Mile  Creek,  Wasco  County 3,000.00 

Reinforced  concrete  over  Mosler  Creek,  Wasco  County 7,000.00 

Reinforced  concrete  over  Tygh  Creek,  Wasco  County 5,500.00 

Reinforced  concrete  over  Tygh  Creek,  Wasco  County 8,000.00 

Butler  Canyon,  Wasco  County 1,800.00 

Wooden  bridge,  Sherman  and  Gilliam  Counties .\ 15,000.00 

Reinforced  concrete,  east  fork  of  Hood  River,  Hood  River  County....  6,000.00 

Reinforced  concrete  over  Neal  Creek,  Hood  River  County 1,000.00 

Reinforced  concrete  over  Odell  Creek,  Hood  River  County 600.00 

Wooden  bridge  at  Dee, 'Hood  River  County 3,500.00 

Reinforced  concrete  over  Herman  Creek,  Hood  River  County 4,500.00 

Four-by-five  reinforced  concrete  culvert  at  Sonny,  Hood  River 

County  500.00 

Reinforced  concrete  culverts,  one  2x3  feet,  one  2x6  feet,  one  4x6  feet, 

Hood  River  County 800.00 

Reinforced  concrete  over  Viento  Creek,  Hood  River  County 1,500.00 

Reinforced  concrete  over  Gorton  Creek,  Hood  River  County 2,500.00 

Four-by-ten  culvert  near  Viento,  Hood  River  County....: 500.00 

Wooden  bridge  over  John  Day,  Grant  County 11,000.00 

Salem-Marion-Polk  County  bridge  over  Willamette 250,000.00 

Replanking  Salem  railroad  bridge,  Marion  County 11,000.00 

Wooden  lift  and  truss  span  over  north  fork  of  Nehalem  River, 

Tillamook  County  6,000.00 

Reinforced  concrete  over  Beaver  Creek  near  Beaver,  Tillamook 

County  7,000.00 

Reinforced  concrete  over  Beaver  Creek  in  Beaver,  Tillamook  County  6,000.00 

Reinforced  concrete  over  Munson  Creek,  Tillamook  County 500.00 

Twelve  reinforced  concrete  bridges  in  Beaver  Valley,  Columbia 

County  45,000.00 

Nine  wood  alternate  designs  for  above,  Columbia  County 4,500.00 

Wooden  span  over  Big  Applegate,  Jackson  County ., 4,000.00 

John  Day  (wood),  Clatsop  County 33,000.00 

Reinforced  concrete  over  Plympton  Creek,  Clatsop  County 2,000.00 

Reinforced  concrete  over  Big  Creek,  Clatsop  County 4,500.00 

Reinforced  concrete  over  Little  Creek,  Clatsop  County ; 1,200.00 

Reinforced  concrete  over  Graham  Creek,  Clatsop  County 1,000.00 

Reinforced  concrete  over  crossing,  Lane  County 5,200.00 

Reinforced  concrete  over  Goble  Creek,  Columbia  County  4,500.00 

Capitol  Hill  over  crossing,  Multnomah  County '. 800.00 

Four-by-six-foot  reinforced  concrete  culvert,  Washington  County..  300.00 

Onion  flat  trestle  (wood),  Washington  County 11,000.00 

Wooden  bridge  over  Grand  Ronde  River,  Union  County 8,000.00 

Wooden  bridge  over  Grand  Ronde  River,  Union  County 8,000.00 

Wooden  bridge  over  Bridge  Creek,  Wheeler  County 8,000.00 

Wooden  bridge  near  Mitchell,  Wheeler  County 3,800.00 

Wooden  bridge  near  Mitchell,  Wheeler  County 500.00 

Wooden  bridge  near  Mitchell,  Wheeler  County 8,000.00 

Wooden  trestle  near  Monmouth,  Polk  County 500.00 

One  5x5  reinforced  concrete  culvert,  Benton  County 900.00 

One  6x8  reinforced  concrete  culvert,  Benton  County 1,500.00 

Reinforced  concrete  bridge  over  Rock  Creek,  Douglas  County 1,600.00 

Reinforced  concrete  bridge  over  Pass  Creek,  Douglas  County 1,200.00 

Reinforced  concrete  bridge  over  Pass  Creek,  Douglas  County 1,200.00 

Reinforced  concrete  bridge  over  Pheasant  Creek,  Douglas  County....  1,000.00 

Total    for   bridges $555,300.00 


REPORT  OF  STATE  HIGHWAY  ENGINEER 


47 


BRIDGES  UPON  WHICH  CONSTRUCTION  WAS   STARTED 
NOVEMBER  30,  1916,  TO  NOVEMBER  30,  1917 


Haynes    Slough 

North  Slough 

Larson  Slough 

Hosier   Creek 

Neal  Creek 

Odell    Creek 

Dee   bridge 

Butler  Canyon 

Tygh    Creek    ...............  . 

Gravel  Ford 

Salem   bridge 

North    Fork   Nehalem 

Columbia  County  bridges 

Big  Applegate 

John  Day,  Clatsop  County 

Bridge   in    Beaver 

Herman  Creek 

Munson   Creek  ......................................  ,.  .......................................... 

Culvert  at   Sonny 

One  2x3,  one  2x6,  and  one  4x6  culverts,  Hood  River  County 

Capitol  Hill  over  crossing 

Four-by-six  culvert,  Washington  County  ...............  , 

Cascade  Locks  culvert 

Viento  Creek  bridge  ....................  .  ....................  . 

Gorton   Creek  bridge   ..........................  . 

Four-by-ten  culvert  near  Viento 

Goble  Creek  bridge 

Eight-by-ten   culvert,    Columbia   County 


4 
4 
4 
7 
1 

3 
1 
5 
5 

250 
6 

45 
4 

33 
7 
4 


,000.00 
,000.00 
,000.00 
,000.00 
,000.00 
600.00 
,500.00 
,800.00 
,500.00 
,000.00 
,000.00 
,000.00 
,000.00 
,000.00 
,000.00 
,000.00 
,500.00 
500.00 
500.00 
800.00 
800.00 
300.00 
500.00 
,500.00 
,500.00 
500.00 
,500.00 
,000.00 


Total     $399,300.00 


676893 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


